Supreme Court · 1984 INSC 121 · Decided 17 July 1984
Sharad Birdhi Chand Sarda v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 1984 INSC 121 · [1985] 1 S.C.R. 88
- Case number
- CRIMINAL APPEAL No. 745/1983
- Decided
- 17 July 1984
- Bench
- S. MURTAZA FAZAL ALI, A. VARADARAJAN, SABYASACHI MUKHERJI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 120B; CrPC; Evidence Act Section 3, 8, 32, 32(1)
Headnote
Comtitution of India, 1950, Article 136-lnterferencc by the Supreme Court with the concurrent findings of fact of the conrts below, normally not permissible­ Special circumstance like errors of law, violation of well established principles of criminaljrtrisprudence etc. would be necessary evidence, nature and proof of -conditions precedent for conviction-Evidence Act Section 3 (Act 1 of 1972). Evidence-Circumstantial evidence-Onus of proof-Prosecution must prove every link of the chain and complete chain-Infirmity or lacuna in the prosecution cannot be cured by
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)