Supreme Court of India · 2010-03-17
Nanhey Sheikh vs State Of U.P
- Court
- Supreme Court of India
- Petitioner
- Nanhey Sheikh
- Respondent
- State Of U.P
- Bench
- A.K. Patnaik, Mukundakam Sharma
Judgment text excerpt
The Supreme Court allowed the appeals of Nanhey Sheikh and Irshad, overturning the High Court's conviction under Section 302 read with Section 149 IPC. The Court found that the prosecution failed to prove the presence and participation of the appellants in the crime, as no pistols were recovered and there was reasonable doubt regarding their involvement. The Court held that the High Court's grounds for setting aside the trial Court's acquittal were insufficient and that the trial Court's decision was plausible and warranted no interference.