Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973-Sections 378 and 386-Appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - Sections 378 and 386 - Appeal against acquittal - Power of appellate court to review evidence - Scope of - Stated - On facts, on re-appreciation of evidence of witnesses, order of acquittal passed by High Court suffers from no infirmity to warrant interference - Penal Code, 1860 - Section, 304 r/w 34Criminal law - Two views - Possibility - Effect of - Held: If two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view favourable to the accused should be adopted - Criminal jurisprudence. According to the prosecution case, on account of enmity between the parties, respondents-accused killed the deceased. On appreciation of evidence of PW 1-widow of the deceased, PW 2-son of the deceased and PW 11-child witness, trial Court convicted and sentenced the respondents for offence punishable under section 304 Part II IPC read with section 34 IPC. High Court held that the guilt of the respondents could not be established since the evidence of prosecution witnesses was unbelievable and thus, acquitted the respondents. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 25 |
Petitioner | State Of Madhya Pradesh |
Respondent | Bacchudas@ Balaram And Ors. |
SCR | [2007] 1 S.C.R. 671 |
Judgement Date | 2007-01-10 |
Case Number | 39 |
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