Supreme Court of India · 2010-03-17
NANHEY SHEIKH vs STATE OF U.P.
- Citation / case number
- SC 2008/3313
- Court
- Supreme Court of India
- Petitioner
- NANHEY SHEIKH
- Respondent
- STATE OF U.P.
- Author
- MUKUNDAKAM SHARMA,H.L. DATTU, , ,
- Bench
- MUKUNDAKAM SHARMA,H.L. DATTU, , ,
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 there was reasonable doubt regarding the appellants' presence and participation in the crime, as no evidence was presented to prove they fired any shots or possessed firearms. The Court held that the High Court's grounds for setting aside the trial Court's acquittal were insufficient, affirming the trial Court's decision as plausible and well-reasoned.