Supreme Court of India · 1962-03-09
DHARAM SINGH AND OTHERS vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 1959/155
- Court
- Supreme Court of India
- Petitioner
- DHARAM SINGH AND OTHERS
- Respondent
- THE STATE OF UTTAR PRADESH
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 429 of the Code of Criminal Procedure, 1898, regarding the role of a third judge in cases of differing opinions between two judges. The Court held that the third judge is not required to treat the opinion of the acquitting judge as a judgment of acquittal but must consider the opinions of both judges and provide his own. The Court found that the High Court's judgment was flawed due to improper burden of proof and reliance on inadmissible evidence, leading to the conclusion that the case against the appellants was not established beyond a reasonable doubt.