Supreme Court of India · 1973-01-15
STATE OF U.P. vs IFTIKHAR KHAN & ORS.
- Citation / case number
- SC 1969/60293
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- IFTIKHAR KHAN & ORS.
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that in appeals against acquittal under Article 136, it has the power to interfere with findings of fact, treating judgments of acquittal and conviction equally. The Court found that the High Court erred in rejecting the evidence of two eye-witnesses solely on the basis of their relationship to the deceased, without addressing discrepancies or the plea of alibi. The Court reinstated the trial court's conviction of the accused under Section 302 IPC, emphasizing the need for careful consideration of evidence and the duty of the High Court to independently assess material circumstances.