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1998(2) Crimes 103 (SC)
Supreme Court of India
(From P & H High Court)
G.T. Nanavati and V.N. Khare, JJ.
State of Punjab —Appellant
versus
Rakesh Kumar @ Painta Respondent
Criminal Appeal No. 507-1991
Decided on 2-4-1998
Counsel for the Parties :
For Appellant : R.S. Sodhi, Advocate.
For the Respondent : Ms. Indra Sawhney, Advocate.
Important Point
Whose acquittal is based on right appreciation of evidence of the eye witness and its rejection is for good reasons, it cannot be interfered in appeal by Supreme Court.
Headnote:Appeal Against acquittal —Acquittal based on not believing evidence of eye witness—Appreciation of evidence by High Court was found rightful and rejection for good reasons—Number of infirmities appearing in evidence—Conviction of appellant u/s. 302 IPC for causing death of Chand Ram is rightly set aside—Appeal dismissed.
Judgment
Nanavati, J.—The State has filed this appeal against acquittal of the respondent by the High Court. He was convicted by the trial Court under Section 302 IPC for causing death of Chand Ram.
2. We have gone through the judgments of both the courts below. We find that the High Court has rightly appreciated the evidence of eye-witness - Sneh Lata - PW 3 and for good reasons rejected it. The High Court has pointed out number of infirmities appearing in her evidence. In view of the said infirmities, her evidence could not have been accepted and could not have formed the basis for the conviction of the respondents.
3. As we find that the High Court has rightly acquitted the respondent, the appeal is dismissed.
(N.K.) Appeal dismissed.
