Supreme Court of India · 1974-03-12
BARATI vs STATE OF U. P.
- Citation / case number
- SC 1970/60173
- Court
- Supreme Court of India
- Petitioner
- BARATI
- Respondent
- STATE OF U. P.
- Bench
- KHANNA, HANS RAJ
Judgment text excerpt
The Supreme Court upheld the conviction of Barati under Section 302 IPC for the murder of Lekhai, reversing the trial court's acquittal. The Court emphasized that in an appeal under Section 417 of the Code of Criminal Procedure, the appellate court has the authority to review evidence broadly and can overturn acquittals if justified. The Court found the trial court's rejection of prosecution witnesses' credibility and the dying declaration to be unreasonable, affirming the High Court's decision to convict Barati.