Supreme Court of India
Balwan Singh v. The State of Chhattisgarh and Anr.
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What the Court ordered
In view of the above material which is shaky, suspicion arises in the mind of the Court about the genesis of the case of the prosecution.
Judgment, page 13
From the headnote
Penal Code, 1860: s.120- and ss.148, 302/149– Case of the prosecution that on account of previous enmity with the victim- deceased, the appellant was talking with the other accused regarding preparation to kill him – Their conversation was heard by PW-11 and PW-12 – PW-9 and PW-16, who were near the scene of the occurrence, rushed to the spot after hearing the cries of the victim, and saw all the accused assaulting him with lathis and tabbal – Accused convicted u/ss.148, 302/149 –Charges were framed u/s .120- also but, the accused were acquitted in respect of the said offenc e – On appeal,
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