Supreme Court of India
State of U.P. v. Atul Singh Etc. Etc.
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From the headnote
Penal Code, 1860 - s. 302 and 302134 - Prosecution of three accused - For murder of one - Trial court convicting c one accused u/s. 302 and other two u/s 302134 - Reliance - placed on evidence of eye-witness (father of deceased) - Acquittal by High Court disbelieving evidence of eye-witness and on the ground that names of the accused or the nature of weapon not mentioned in inquest report - On appeal, held: Evidence of the eye-witness is cogent and credible - Non- mention of names of assailants or the nature of weapon in inquest report cannot be a ground to discard evidence of the eye-witness
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