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march 2010

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.

Nanhey Sheikh vs State Of U.P · Niyam