Supreme Court · 2009 INSC 170 · Decided 12 February 2009

State of U.P. v. Sheo Lal & ORS.

Court
Supreme Court of India
Citation
2009 INSC 170 · [2009] 2 S.C.R. 343
Case number
CRIMINAL APPEAL No. 362/2002
Decided
12 February 2009
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 34, 354

Headnote

Penal Code, 1860 : ss. 302 rlw s. 34 and s. 323 rlw s. 34, s. 354 - Murder - c Allegation of molestation by niece of deceased against accused person - Fatal injuries to deceased as also injuries to eye-witness - Conviction by trial court - However, acquittal by High Court - Sustainability of - -'- Judgment of High Court full of contradictions - There was total D ~ non-application of mind - Evidence of injured eye-witnesses • cannot be discarded -Accused were not strangers to witnesses and as such the identification was pcssible in dark night. According to the prosecution case,

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