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august 1988

Supreme Court of India · 1988-08-12

STATE OF U.P. vs KRISHNA GOPAL & ANR.

Citation / case number
SC 1985/66937
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
KRISHNA GOPAL & ANR.
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that under Article 136, it does not typically interfere with High Court findings unless serious errors are present. The Court noted that the High Court's assumption regarding the deceased's incapacity to make a dying declaration was erroneous, leading to a reversal of conviction based on conjecture. The appeal was partly allowed, and the case was remitted to the High Court for fresh disposal on merits, emphasizing the appellate court's power to review acquittals when gross errors are identified.

STATE OF U.P. vs KRISHNA GOPAL & ANR. · Niyam