Supreme Court · 2009 INSC 482 · Decided 13 April 2009
Mahtab Singh & ANR. v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 482 · [2009] 5 S.C.R. 848
- Case number
- CRIMINAL APPEAL No. 168/2006
- Decided
- 13 April 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA, RAJENDRA MAL LODHA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; CrPC Section 378, 386, 161; Arms Act Section 4, 25
Headnote
Code of Criminal Procedure, 1973 - ss.378 and 386 - c Judgment of acquittal - Reversed by High Court in appeal - Propriety of- Held: On facts, not proper- Very genesis of the crime was doubtful and full of suspicion - Testimony of PWs did not conform with collateral circumstances and probabi/11ies witnesses - False implication of D accused was not ruled out - Important witness though available was not examined - Trial court had meticulously examined the entire evidence on record and concluded that prosecution failed to prove charges against accused beyond reasonable doubt - View taken
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