Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 307 and 324 1860- ss. 304 (Part II) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860- ss. 304 (Part II), 307 and 324 -Arms Act, 1950 - s. 25 - Single bullet shot by appellant causing fatal injuries to one and grievous injuries to others - Order of acquittal by trial court - Conviction by High Court - Correctness of - Held: Prosecution failed to prove its case beyond reasonable doubt- Evidence of eye-witnesses as also injured witnesses inconsistent with medical evidence and ). ballistic expert's report in regard to weapon of offence - High Court disregarded rule of prudence in converting order of acquittal to conviction - Hence, order of High Court set aside and that of trial court restored. Criminal law - Administration of Criminal Justice - Held: If two views are possible one for acquitting the accused and other for convicting the accused, the rule of prudence should guide High Court not to disturb order of acquittal made by trial court. The question which arose for consideration in this appeal was whether the High Court was justified in convicting and sentencing the appellants under sections 304 (Part II), 307 and 324 IPC and s. 25 of the Arms Act and setting aside the order of acquittal passed by the trial court. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2009 INSC 244 |
Petitioner | Mahendra Pratap Singh |
Respondent | State Of U.p. |
SCR | [2009] 2 S.C.R. 1033 |
Judgement Date | 2009-02-24 |
Case Number | 34 |
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