Supreme Court of India · 2008-09-09
STATE OF U.P. vs AWDESH
- Citation / case number
- SC 2001/5641
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- AWDESH
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM, ,
Judgment text excerpt
The Supreme Court upheld the conviction of the respondent under Section 396 IPC for dacoity resulting in murder, emphasizing that the prosecution established the necessary elements of the crime, including the presence of the accused at the scene and the motive stemming from enmity. The Court noted that the High Court erred in disregarding the testimonies of key witnesses and the circumstantial evidence linking the respondent to the crime. The conviction was reinstated, affirming the trial court's judgment and sentencing.