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november 1996

Supreme Court of India · 1996-11-20

HARDEV SINGH, SUBA SINGH vs HARBHEJ SINGH & ORS.

Citation / case number
SC 1988/70887
Court
Supreme Court of India
Petitioner
HARDEV SINGH, SUBA SINGH
Respondent
HARBHEJ SINGH & ORS.
Author
S.P. KURDUKAR
Bench
S.P. KURDUKAR M.K. MUKHERJEE

Judgment text excerpt

The Supreme Court overturned the acquittal of the accused under Section 302 IPC, emphasizing that the prosecution must establish the presence of all elements constituting murder, including intention and knowledge. The Court held that the High Court erred in its judgment by not adequately considering the evidence presented, particularly the eyewitness accounts and the nature of injuries inflicted. Consequently, the Court ordered a retrial to ensure justice is served, reaffirming the importance of thorough judicial scrutiny in criminal cases.

HARDEV SINGH, SUBA SINGH vs HARBHEJ SINGH & ORS. · Niyam