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march 2009

Supreme Court of India · 2009-03-31

State Of U.P vs Rama Kant & Ors

Court
Supreme Court of India
Petitioner
State Of U.P
Respondent
Rama Kant & Ors
Bench
Mukundakam Sharma, D.K. Jain, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the High Court's acquittal of the respondents charged under Section 302 read with Section 149 IPC and Section 323 read with Section 149 IPC, finding that the prosecution's eyewitnesses lacked credibility due to inconsistencies and the absence of corroborative evidence. The Court noted significant doubts regarding the prosecution's version, including the non-seizure of a blood-stained axe and the questionable presence of eyewitnesses in the First Information Report. Consequently, the appeal by the State was dismissed, affirming the High Court's judgment as not perverse.

State Of U.P vs Rama Kant & Ors · Niyam