Supreme Court · 1974 INSC 95 · Decided 15 April 1974
Onkarnath Singh and ORS. v. The State of U.P.
- Court
- Supreme Court of India
- Citation
- 1974 INSC 95 · [1975] 1 S.C.R. 80
- Case number
- CRIMINAL APPEAL No. 100/1971
- Decided
- 15 April 1974
- Bench
- M. HAMEEDULLAH BEG, R.S. SARKARIA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 1419, 148, 302, 324; CrPC Section 87, 88
Headnote
Cruninal Trial-Failure to Rive explanation by prosecruiu11 witnesses of i11iuries on the accused-It total to fJrosecution case. Private dt!fencc-Riglu of.- The fact of the non-explanation of the injuries on the accused person is a question of fact and not of law. Answer to such a question depends because the pro~ecution witnesses had not explained the injuries on the person of the accused. Such non-explanation is a factor which is to be taken into account in judging the veracity of the prosecution witnesses and the courts would scrutinise their evidence \vith care. Each case presents its
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)