Supreme Court of India
Nimai Ghosh & Ors. v. The State of Bihar (now Jharkhand)
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What the Court ordered
In view of the foregoing facts, in our considered opinion prosecution has miserably failed to prove the allegations of the commission of murder of Manmohan Ghosh by the appellants Nimai Ghosh, Sonachand Ghosh and Sambal Ghosh.
Judgment, page 21
From the headnote
Issue for Consideration The instant criminal appeal assails the findings recorded by the High Court, thereby convicting the appellants herein u/s.302/34 of IPC and s.27 of the Arms Act, 1959. Whether the findings recorded by the High Court in the facts and circumstances of the case is sustainable. Headnotes† Penal Code, 1860 – s.302/34 – Arms Act, 1959 – s.27 – P.S. Case No. 127/89 was registered on 09.07.1989 arraying six persons as accused for committing murder of father of the informant (PW-8) – The Trial Court acquitted all the six persons, inter-alia, holding that testimonies of the
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