Supreme Court · 1990 INSC 174 · Decided 2 May 1990
State of Uttar Pradesh v. Moti Ram and ANR. ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 1990 INSC 174 · [1990] 2 S.C.R. 939
- Case number
- CRIMINAL APPEAL No. 517/1978
- Decided
- 2 May 1990
- Bench
- S. RATNAVEL PANDIAN, K. JAYACHANDRA REDDY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 149, 307; CrPC Section 378, 378(3); Constitution Article 136
Headnote
r Constitution of India-Article 136-Appeal by special leave by State against acquittal by High Court-Held evidence ambulatory and vacillating-Suffering from insurmountable infirmities and probabili- " ties-Suspicion however strong-Not sufficient to take place of legal c proof and warrant against an order of acquittal recorded by the High Court in respect of the accused respon- dent. According to the prosecution there were two rival factions in village Deotaha (U.P.), one led by the accused-respondents and the D other by the deceased victims. There existed bitter enimity between
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