Supreme Court of India
State through the Inspector of Police v. Laly @ Manikandan & Another Etc
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What the Court ordered
In view of the above and for the reasons stated above, the impugned judgment and order passed by the High Court acquitting the accused for the reasons mentioned in paragraph 9 of the impugne d judgment and order is unsustainable and the same deserves to be quashed and set aside.
Judgment, page 9
From the headnote
Penal Code – ss. 302 & 34 – Conviction on the basis of the deposition of the sole eye witness – The respondents-thr ee accused were tried for having committed the murder of victim -deceased – The respondents were held guilty of the offences u/s 302 r/ w. 34 of IPC by the trial Court – However, the High Court did not fi nd the testimony of PW1 credible and acquitted the accused – On a ppeal, held: PW1 was the eye witness to the occurrence at bo th places i.e. the first part was at the time when the victim , PW1 and one another were travelling in the car, where A1 caused inj ury on the right
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