Supreme Court of India
State of M.P. v. Dhara Singh & Anr.
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What the Court ordered
In view of the aforesaid, the High Court was in error in directing acquittal of the respondents.
Judgment, page 5
From the headnote
Penal Code, 1860 - s. 302 and s. 302 rlw s. 34 - Arms Act, 1959 - s. 25 and 27 - Conviction under - However, c acquittal by High Court extending benefit of doubt - On appeal held: Conclusion of High Court that name of prosecution witness not mentioned in FIR not correct- There was no discussion of evidence of eye-witnesses - Also it cannot be said that non-placing of the report of ballistic expert on record was fatal to prosecution case - Thus, order of High Court set aside and that of trial court restored.
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