Supreme Court of India · 1978-02-01
KESHORAM GORA vs STATE OF ASSAM
- Citation / case number
- SC 1976/60832
- Court
- Supreme Court of India
- Petitioner
- KESHORAM GORA
- Respondent
- STATE OF ASSAM
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court examined the application of Sections 302 and 304 Part II of the IPC in the context of private defense. It held that the Sessions Judge erred in treating the evidence of hostile witnesses as definitive of the prosecution's case, emphasizing that hostile witness testimony cannot be wholly disregarded. The Court affirmed that admissions by the accused can be selectively considered, allowing for the separation of exculpatory and inculpatory statements. The appeal was partly allowed, reinforcing the principle that the prosecution's case should not be dismissed due to minor inconsistencies.