Supreme Court of India · 1998-07-28
SWARAN SINGH vs STATE OF J&K
- Citation / case number
- SC 1989/72377
- Court
- Supreme Court of India
- Petitioner
- SWARAN SINGH
- Respondent
- STATE OF J&K
- Author
- S.P. KURDUKAR G.T. NANAVATI
- Bench
- S.P. KURDUKAR G.T. NANAVATI
Judgment text excerpt
The Supreme Court set aside the conviction of Swaran Singh under Sections 302 and 307 read with Section 109 RPC, emphasizing that his conviction was solely based on the alleged exhortation to Mohinder Singh to commit the crime. The Court found that the absence of any eyewitness testimony corroborating this exhortation constituted a significant omission, undermining the prosecution's case. The Court held that the evidence against Swaran Singh was insufficient to sustain a conviction, leading to the cancellation of his bail bonds.