Supreme Court of India
Kalyan and Ors. v. State of U.P.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above discussion, it is obvious that the prosecution has failed to prove its case against Hori Lal who was charged only under section 120-B I.P.C. As already discussed the evidence of conspiracy given by Kalyan is worthless and cannot be C believed.
Judgment, page 9
From the headnote
Penal Code, 1860: Sections 302, 307, 147, 148 read with sections 149 and 1208. Criminal trial-Murder-Variance between FIR and deposition of witnesses-Conflict between statements of eye witnesses and medical evidence Failure of prosecution to prove charges against accused beyond doubt-Acquittal by Trial Court-Appeal-Reversal of acquittal order by Appellate Court-Held not justified-Acquittal order passed by Trial Court upheld. Code ~f Criminal Procedure, 1973 : Section 378. Appellate court-Power to interfere with acquittal order-Scope ~f. In a criminal trial under section 302, 307, 147, 148
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Where later benches applied it
Of those, 1 mentioned
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