Supreme Court of India · 2004-12-16
STATE OF U.P. vs SHRI KRISHAN
- Citation / case number
- SC 1999/5905
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- SHRI KRISHAN
- Author
- B.P.SINGH
- Bench
- B.P.SINGH & ARUN KUMAR
Judgment text excerpt
The Supreme Court overturned the Allahabad High Court's decision that had set aside the conviction of the respondent under Section 302/34 IPC for murder. The Court found that the High Court erred in its assessment of the evidence, particularly regarding the delay in recording the informant's statement under Section 161 Cr.P.C., which was recorded 13 days post-incident. The Supreme Court reinstated the conviction, emphasizing the importance of eyewitness testimony and the prosecution's burden of proof under the Indian Penal Code.