Supreme Court of India · 1953-01-19
KALAWATI AND ANOTHER vs THE STATE OF HIMACHAL PRADESH.
- Citation / case number
- SC 1952/85
- Court
- Supreme Court of India
- Petitioner
- KALAWATI AND ANOTHER
- Respondent
- THE STATE OF HIMACHAL PRADESH.
- Bench
- SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,AIYAR, N. CHANDRASEKHARA,BOSE, VIVIAN,HASAN, GHULAM
Judgment text excerpt
The Supreme Court addressed the appeal concerning the conviction of the accused under Sections 114 and 302 of the Indian Penal Code (IPC) for abetment of murder, and the acquittal under Section 201 for suppression of evidence. The Court held that it could restore the conviction under Section 201 despite the State not appealing, as the acquittal was closely linked to the convictions under Sections 114 and 302. The Court also clarified that the absence of a two-judge bench in the Judicial Commissioner's Court does not justify granting a certificate for appeal under Article 134(1)(c) of the Constitution.