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1978 Supreme(SC) 81

JASWANT SINGH, V.R.KRISHNA IYER
Indersingh – Appellant
Versus
State Of Delhi – Respondent


JUDGMENT

V. R. KRISHNA IYER, J.:— Mr. Frank Anthony has argued elaborately, punctuated with strident emphasis, several points in support of the innocence of the petitioners who have been convicted under S. 302 read with S. 34 and S. 307 I.P.C. The High Court has affirmed the conviction entered by the trial court and sentences of life imprisonment have been awarded by both the courts for both the accused. Certainly, some persuasive factors, which may militate against the culpability of the accused and the prosecution version of the precise nature of the occurrence, were brought to our notice by counsel who also strongly urged that there were embellishments and improbabilities invalidating the conviction. We have had the advantage of perusing the extensively spread-out judgment of the High Court, in the light of the critical arguments addressed, but remain unconvinced that there is any serious error which warrants grant of leave.

2. Credibility of testimony, oral circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. While it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that

















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