Supreme Court of India

State of U.P. v. Ashok Kumar & Another

Neutral citation
Reported as [1979] 3 S.C.R. 1
Bench S. Mvrtaza Fazal Ali and A. D. Koshal JJ.
Decided 2 February 1979

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that this is not a case in which we should interfere with the order of acquittal passed by the High Court.

Judgment, page 5

From the headnote

Penal Code-s. 302-Supreme Court-When would' interfere with order of acquittal in special leave-Witnesses claimed they identified the assailant from a distance of 150 yards on a moonlight night-If could be believed. The respondents were charged with an offence under s. 302, I.P. . The prosecution case was thh,t on the night of occurrence (which was a moonlight 'night) the deceased and the prosecution witnesses attended a drama in the Ramlila Grounds of the village and when the deceased, after taking two 1amosas and tea, was returning home some time past midnight, the respondents shot him dead

Where later benches applied it

Of those, 1 referred to

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