Supreme Court of India · 1990-04-20
VIJAYEE SINGH AND ORS. vs STATE OF UTTAR PRADESH
- Citation / case number
- SC 1987/70925
- Court
- Supreme Court of India
- Petitioner
- VIJAYEE SINGH AND ORS.
- Respondent
- STATE OF UTTAR PRADESH
- Author
- K. JAYACHANDRA REDDY
- Bench
- K. JAYACHANDRA REDDY
Judgment text excerpt
The Supreme Court addressed the burden of proof under Section 105 of the Indian Evidence Act in the context of a murder trial involving 14 accused charged under Sections 148, 302, and 307 of the IPC. The Court held that while the accused can claim self-defense, they exceeded this right, resulting in a conviction under Section 304 Part I IPC instead of Section 302. The Court partly allowed the appeals of the convicted accused, affirming the conviction of some while acquitting others, and dismissed the State's appeals for enhancement of sentences.