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january 1973

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.

STATE OF U.P. vs IFTIKHAR KHAN & ORS. · Niyam