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august 1974

Supreme Court of India · 1974-08-09

SETHU MADHAVAN NAIR & ORS. vs THE STATE OF KERALA

Citation / case number
SC 1971/60097
Court
Supreme Court of India
Petitioner
SETHU MADHAVAN NAIR & ORS.
Respondent
THE STATE OF KERALA
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the acquittal of the appellants under Section 302 read with Section 149 IPC, emphasizing that the Sessions Judge provided cogent reasons for the acquittal. The Court reiterated that if two conclusions can be drawn from the evidence, the appellate court should not disturb the trial court's finding. The judgment underscores the importance of the presumption of innocence and the need for appellate courts to respect the trial judge's assessment of witness credibility.

SETHU MADHAVAN NAIR & ORS. vs THE STATE OF KERALA · Niyam