Supreme Court · 2009 INSC 244 · Decided 24 February 2009
Mahendra Pratap Singh v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 244 · [2009] 2 S.C.R. 1033
- Case number
- CRIMINAL APPEAL No. 34/2006
- Decided
- 24 February 2009
- Bench
- LOKESHWAR SINGH PANTA, B. SUDERSHAN REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 25; Arms Act Section 25
Headnote
,---1 Penal Code, 1860- ss. 304 (Part II), 307 and 324 -Arms Act, 1950 - s. 25 - Single bullet shot by appellant causing c fatal injuries to one and grievous injuries to others - Order of acquittal by trial court - Conviction by High Court - Correctness of - Held: Prosecution failed to prove its doubt- Evidence of eye-witnesses as also injured witnesses inconsistent with medical evidence and ). ballistic expert's report in regard to weapon of offence - High D Court disregarded rule of prudence in converting order of acquittal to conviction - Hence, order of High Court set aside and
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