Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 143 148 147 302 r/w 149 of IPC 448 natural witnesses eye witnesses |
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. 143, 14 7, 148, 448 and 302 r/w s. 149 - Prosecution under - Of the appellants-accused (A-1, A-2 and A-3) alongwith 40 others- Conviction of 6 accused including the appellants-accused by trial court while rest of the accused acquitted - High Court confirmed conviction of the appellants-accused while acquitting the three accused - On appeal, held: In view of the conclusion by the trial court in respect of the eye-witnesses that they were unreliable and unbelievable, it would be unsafe to-rely on them to confirm the conviction of appellants-accused - The High Court without assigning any reason perfunctorily held that they were believable, trustworthy and natural witnesses - Since the very version of the eye-witnesses resulted in acquittal of all the accused, for the very same reasoning, conviction of the appellants-accused also cannot stand- Conviction set aside. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2014 INSC 831 |
Petitioner | Noushad@ Noushad Pashaand Others |
Respondent | State Of Karnataka |
SCR | [2014] 14 S.C.R. 499 |
Judgement Date | 2014-12-03 |
Case Number | 119 |
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