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april 2005

Supreme Court of India · 2005-04-20

STATE OF U.P. vs SHIV KUMAR

Citation / case number
SC 1999/9995
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
SHIV KUMAR
Author
B.P.SINGH
Bench
B.P. SINGH & ARUN KUMAR

Judgment text excerpt

The Supreme Court upheld the High Court's acquittal of the respondents under Section 302 read with Section 34 IPC, finding the prosecution's evidence unreliable. The Court noted discrepancies in eyewitness accounts, particularly regarding the nature of the injuries on the deceased, which contradicted the claims made by witnesses Ram Bahadur (PW-1) and Daulat Singh (PW-2). The Court emphasized that the evidence did not establish the guilt of the accused beyond reasonable doubt, leading to the conclusion that the acquittal was justified.

STATE OF U.P. vs SHIV KUMAR · Niyam