SATVIR versus STATE OF UTTAR PRADESH

SATVIR versus STATE OF UTTAR PRADESH

The evidence of three eyewitnesses is clear, precise and satisfactory, corroborated by medical evidence; motive established due to prior enmity; appellant along with two others inflicted fatal knife injuries and is constructively liable under Section 302/34 IPC. Benefit of doubt not available as evidence against acquitted accused was not reliable, unlike that against appellant.

Parties
Appellant: Satvir; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
21 January 2009
Procedural Posture
Criminal Appeal / Final Judgment by Supreme Court
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Murder, Constructive Liability, Benefit of Doubt, Reliability of Eyewitnesses, Section 302/34 IPC

Case Brief

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Parties

Satvir

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Final Judgment by Supreme Court

  1. 1 Whether appellant Satvir is entitled to acquittal on benefit of doubt at par with the co-accused who were acquitted
  2. 2 Whether the evidence is sufficient to sustain conviction under Section 302 read with Section 34 IPC

Ratio Decidendi

The evidence of three eyewitnesses is clear, precise and satisfactory, corroborated by medical evidence; motive established due to prior enmity; appellant along with two others inflicted fatal knife injuries and is constructively liable under Section 302/34 IPC. Benefit of doubt not available as evidence against acquitted accused was not reliable, unlike that against appellant.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • No merit in appeal; appeal dismissed