Supreme Court of India · 2005-04-20
State Of U.P vs Shiv Kumar & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 2992
- Court
- Supreme Court of India
- Petitioner
- State Of U.P
- Respondent
- Shiv Kumar & Ors
- Author
- B.P.Singh
- Bench
- B.P. Singh, Arun Kumar
Judgment text excerpt
The Supreme Court overturned the High Court's acquittal of the respondents under Section 302 read with Section 34 IPC, emphasizing the importance of reliable eyewitness testimony in criminal cases. The Court found that the evidence presented by the prosecution, particularly from witnesses PW-1 and PW-2, was inconsistent and unreliable, leading to reasonable doubt about the respondents' guilt. The Court reinstated the conviction of the respondents, affirming the trial court's findings and holding that the prosecution had successfully established the case against them.