Supreme Court · 1967 INSC 39 · Decided 23 February 1967
Sher Singh & ORS. v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 1967 INSC 39 · [1967] 2 S.C.R. 727
- Case number
- CRIMINAL APPEAL No. 191/1964
- Decided
- 23 February 1967
- Bench
- M. HIDAYATULLAH, J.M. SHELAT, G.K. MITTER (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
Criminal /aw-Acquittal-If High Court in appeal can reverse-Value of inter-relationship between witness and victim. The appellants were charged for murder under s. 302/34 I.P.C and were acquitted by the Sessions Judge. On appeal the High Court revers­ ed the acquittal and convicted the the appellants contended that (i) since an acquittal "reinforces" the presumption of innocence, it was not a fit case for rever· sal of an acquittal. and (ii' the testimony of the eye witnesses in the case was found by the Sessions Judge to be unsatisfactory. HELD : The High
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