Supreme Court of India
Vishwanatha v. The State of Karnataka by the Secretary, Home Department
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, we allow this appeal and acquit the appellant in this case by giving him the benefit of doubt.
Judgment, page 11
From the headnote
Issue for Consideration High Court reversing the order of acquittal found the appellant along with co-accused (now deceased) guilty of offences under Sections 302 and 450 read with Section 34 of Penal Code, 1860 and sentenced them. In view of doubt as regards the identity of the appellant, whether it was the accused persons who were responsible for the death of PW-1 and PW-3’s mother. Headnotes† Evidence – Test Identification Parade (TIP) – Absence of – When fatal – As per the prosecution, the appellant and the co-accused (now deceased) broke into the house of PW-1 and PW-3 to commit robbery
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