Supreme Court of India
State of Maharashtra v. Ahmed Shaikh Babajan & Ors.
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What the Court ordered
For the aforesaid reasons, we are convinced that the view of the High Court in discarding the evidence of PW-5 and PW-6, does not suffer from any infirmity.
Judgment, page 23
From the headnote
Penal Code, 1860; S. 302 rlw s. 34; S. 456 rlw s. 109 and s. 460: c House breaking by night - Murder of son of tenant a/leg- edly by landlord and others - Trial Court acquitting accused A1 to A3 of the offences uls.302 rlw s.34 /PC, convicted ac- cused A4 and A5 for committing offence u/s.460 and 1 to A3 for committing offences punishable u/s. 456 rlw s. 109 as well. Acquittal of all accused persons by High Court- Correctness of - Held: Correct - Sole independent witness did not support the prosecution version - His testimony casts serious doubt on the presence of PW1 at the time and place of
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