VidhiSangh

Supreme Court of India · 31/07/2024

RAJU AND ANOTHER versus STATE OF UTTARAKHAND

[2024] 7 S.C.R. 1147 · 2024 INSC 633

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Summary

The High Court reversed an acquittal and convicted the appellant under Section 307 IPC for a night-time knife and lathi assault. The Supreme Court restored the acquittal: the injured witnesses contradicted each other and themselves on who used which weapon, the medical evidence did not fit the oral account, the FIR was lodged by a hearsay witness, the two alleged eye-witnesses were never examined, and no motive was shown. The trial court's view was plausible and should not have been disturbed.

Issues

  1. Whether the evidence on record justified the appellant's conviction under Section 307 IPC.
  2. Whether the High Court was right to reverse the trial court's acquittal.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 10.12.2009 convicting the appellant set aside and the trial court's acquittal dated 13.10.1995 restored as regards the appellant; bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1147.