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
Summary, issues, holding and outcome
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Parties
Satvir
Appellant
State of Uttar Pradesh
Respondent
Procedural Posture
Criminal Appeal / Final Judgment by Supreme Court
Legal Issues
- 1 Whether appellant Satvir is entitled to acquittal on benefit of doubt at par with the co-accused who were acquitted
- 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
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