Supreme Court of India
State of U.P. v. Sheo Lal & Ors.
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From the headnote
Penal Code, 1860 : ss. 302 rlw s. 34 and s. 323 rlw s. 34, s. 354 - Murder - c Allegation of molestation by niece of deceased against accused person - Fatal injuries to deceased as also injuries to eye-witness - Conviction by trial court - However, acquittal by High Court - Sustainability of - Held: Not sustainable -'- Judgment of High Court full of contradictions - There was total ~ non-application of mind - Evidence of injured eye-witnesses • cannot be discarded -Accused were not strangers to witnesses and as such the identification was pcssible in dark night.
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