Supreme Court of India · 1981-08-25
STATE OF WEST BENGAL vs SHEW MANGAL SINGH & ORS.
- Citation / case number
- SC 1980/63457
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- SHEW MANGAL SINGH & ORS.
- Author
- Y.V. (() CHANDRACHUD
- Bench
- Y.V. ((CJ) CHANDRACHUD
Judgment text excerpt
The Supreme Court addressed the scope of Section 76 IPC regarding the lawful command of a superior officer in the context of a police shooting incident. The Court held that if the order to open fire was justified and lawful, the belief of the subordinate officers in the legality of that command is irrelevant. The Court dismissed the State's Special Leave Petition, affirming the High Court's acquittal of the respondents based on the evidence presented, which indicated that the prosecution's case was not credible due to the prevailing political conditions and discrepancies in witness testimonies.