Supreme Court of India

Amar Singh v. Balwinder Singh and Ors.

Neutral citation

Reported as [2003] 1 S.C.R. 754

Bench S. Rajendra Babu and G.P. Mathur JJ.

Decided 31 January 2003

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the judgment and order of the High Court is wholly perverse and illegal inasmuch as it completely failed to consider the testimony of the eye-witnesses and the reasons given for discarding the prosecution case are also unsustainable in ·H 770 SUPREME COURT REPORTS [2003) I S.C.R. A law.

Judgment, page 16

From the headnote

Penal Code, I 860-Section 302 read with Section 34 and Section 307- Conviction-High Court acquitting .the accused-On appeal held ord,er of High Court perverse and illegal since it failed to consider the testimony of eye-witnesses and reasons given for discarding the prosecution case are not sustainable in law-Hence acquittal set aside. + Code of Criminal Procedure, 1973: Section 386-Power of Appellate Court-Appeal from conviction-Case based on eye witness account-High Court failing to consider testimony of eye-witnesses and acquitting accused-leads to infraction of Section 386. Section I 7

Authorities it was built on

1957 Vadivelu Thevar v. The State of Madras cited by 67

Where later benches applied it

2018 Tehseen Poonawalla v. Union of India and Anr. relied on
2016 Yogesh Singh v. Mahabeer Singh & Ors. relied on
2013 Karan Singh v. State of Haryana and Anr. relied on
2010 C. Muniappan & Ors. v. State of Tamil Nadu relied on
2022 Varsha Garg v. The State of Madhya Pradesh & Ors. referred to
2015 State of M.P. v. Madan Lal referred to
2014 State of Gujarat v. Kishanbhai Etc. mentioned
2012 Anand Mohan v. State of Bihar mentioned

Of those, 4 relied on · 2 referred to · 2 mentioned

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