Supreme Court of India · 1978-11-24
SALIM ZIA vs STATE OF U.P.
- Citation / case number
- SC 1977/61836
- Court
- Supreme Court of India
- Petitioner
- SALIM ZIA
- Respondent
- STATE OF U.P.
- Author
- JASWANT SINGH
- Bench
- JASWANT SINGH
Judgment text excerpt
The Supreme Court upheld the High Court's decision to reverse the Sessions Judge's acquittal of the appellant under Section 417 of the Code of Criminal Procedure, 1898, establishing that the prosecution proved the appellant fired at the deceased without justifiable provocation. The Court reiterated that the appellate court has the power to review evidence in acquittal appeals and emphasized the importance of considering the trial judge's views on witness credibility. The Court found that the appellant failed to establish his plea of self-defense, as the injuries claimed were fabricated.