SHER SINGH & ORS. versus STATE OF UTTAR PRADESH

SHER SINGH & ORS. versus STATE OF UTTAR PRADESH

The High Court rightly convicted the appellants, as its powers to reverse acquittal are equal to those for conviction, provided it reassesses evidence and addresses the grounds for acquittal; the evidence of the eye-witnesses was consistent, convincing and credible, and collateral circumstances should not take...

Source-derived case information.

Parties
Appellant: Sher Singh; Appellant: Baljor; Appellant: Vijaipal; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
23 February 1967
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Order of the Allahabad High Court Dated May 20, 1964
Outcome
Appeal dismissed
Legal Topics
Murder, Acquittal, Powers of Appellate Courts, Value of Eyewitness Testimony, Inter Relationship Between Witness and Victim
Criminal Law Murder Acquittal Powers of Appellate Courts Value of Eyewitness Testimony Inter Relationship Between Witness and Victim

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Parties

Sher Singh

Appellant

Baljor

Appellant

Vijaipal

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Order of the Allahabad High Court Dated May 20, 1964

Legal Issues

  1. 1 Whether High Court can reverse an acquittal in appeal
  2. 2 Value of inter-relationship between witness and victim in assessing credibility of testimony

Ratio Decidendi

The High Court rightly convicted the appellants, as its powers to reverse acquittal are equal to those for conviction, provided it reassesses evidence and addresses the grounds for acquittal; the evidence of the eye-witnesses was consistent, convincing and credible, and collateral circumstances should not take precedence over direct evidence.

Court Disposition

Appeal dismissed

Orders

  • Conviction under s. 302/34 IPC and sentence of rigorous imprisonment for life upheld.