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april 1981

Supreme Court of India · 1981-04-15

STATE OF RAJASTHAN vs SMT. KALKI & ANR.

Citation / case number
SC 1976/60950
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN
Respondent
SMT. KALKI & ANR.
Author
BAHARUL ISLAM
Bench
BAHARUL ISLAM

Judgment text excerpt

The Supreme Court held that while it typically does not interfere with factual findings of the High Court under Article 136 of the Constitution, it will do so to prevent miscarriage of justice if findings are perverse. The Court found no material discrepancies in the testimony of P.W. 1, the widow of the deceased, and clarified that 'related' does not equate to 'interested', as a witness can only be deemed 'interested' if they stand to gain from the outcome. The appeal was dismissed, affirming the High Court's acquittal of the respondents.

STATE OF RAJASTHAN vs SMT. KALKI & ANR. · Niyam