Supreme Court · 2009 INSC 766 · Decided 8 May 2009
State of U.P. v. Atul Singh ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 766 · [2009] 8 S.C.R. 453
- Case number
- CRIMINAL APPEAL No. 1262/2004
- Decided
- 8 May 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 302134, 34
Headnote
Penal Code, 1860 - s. 302 and 302134 - Prosecution of three accused - For murder of one - Trial court convicting c one accused u/s. 302 and other two u/s 302134 - Reliance - placed on evidence of eye-witness (father of deceased) - Acquittal by High Court disbelieving evidence of eye-witness and on the accused or the nature of weapon not mentioned in inquest report - On appeal, held: D Evidence of the eye-witness is cogent and credible - Non- mention of names of assailants or the nature of weapon in inquest report cannot be a ground to discard evidence of the eye-witness - His relationship
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