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Supreme Court of India 2017-03-22 allowed

Hakeem Khan & Ors vs State of M.P

Bench: 2 — Rohinton Fali Nariman

In Brief

In this criminal appeal, the Supreme Court considered whether the High Court was correct in reversing the trial court's acquittal of seventeen accused persons charged with murder under Section 302 read with Section 149 of the Indian Penal Code. The incident occurred in darkness on 30 January 1990 following a village panchayat election dispute. The trial court acquitted all seventeen accused, citing the darkness making identification difficult, the only independent witness turning hostile, and injuries on the accused suggesting a spontaneous scuffle rather than premeditated murder. The Court held that a trial court's acquittal resting on a 'possible view' cannot be reversed merely because a higher court disagrees. Since the trial court's reasoning was reasoned and sustainable, the High Court erred in overturning it. The appeals were allowed and the acquittals restored."

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Criminal Law Reversal of Acquittal Murder and Culpable Homicide Evidence Eyewitness Testimony Identification

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