ILC-2011-SC-CRL-Mar-19
State of U.P. Vs. Preetam & others
Acquittal of charges - Appeal - Committing murder of 2 persons - High Court set aside conviction - Alleged incident - Sought to be proved by PW3. - High Court disbelieved her evidence - Ground - She was unlikely to be present at the scene of incident - Her name did not figure in FIR - Improved her version - Not even tally with - Version given by injured - Ocular version - Contradicted by medical evidence - No plausible explanation - Delay in registration of FIR - Doubted authenticity of version given by PW3 - Ultimately concluded - Cumulative effect of all infirmities of prosecution - Probabilities of plea of self defence - Renders case doubtful - Supreme Court conclusions by High Court cannot be said - Either perverse or based on no evidence - Rightly acquitted on benefit of doubt - Appeal dismissed.
Hon'ble Mr. Justice B. Sudershan Reddy , Hon'ble Mr. Justice Surinder Singh Nijjar ,
T.N. Singh, S.K. Dwivedi, Rajeev Dubey, Kamlendra Mishra, Advocates
Anis Ahmad Khan, Shoaib Ahmad Khan, Advocates
Topic(s)-Acquittal of charges , Contradicted by medical evidence , Delay FIR
Important Decision(s)-Version given by injured - Contradicted by medical evidence - Delay FIR - Acquittal upheld.
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