IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 238-239 OF 2012
KAPOOR & ANR. ... APPELLANT(S)
VS.
STATE OF MADHYA PRADESH ... RESPONDENT(S)
O R D E R
1. The present appeals challenge the judgment and order
dated 2nd September, 2009 passed by the Division Bench of
the High Court to the extent it confirms the conviction of
the present appellants for the offence punishable under
Section 302 of the Indian Penal Code (For short “the IPC”).
2. In a riot case wherein four deaths have occurred
originally 30 accused were put to trial before the learned
Additional Sessions Judge, Burhanpur in Sessions Trial
No.13/96. The learned trial Judge at the conclusion of the
trial, convicted 22 accused and acquitted 8 of them. Being
aggrieved thereby, the 22 accused filed appeal before the
High Court. Out of them, 7 were acquitted by the High Court
and conviction of the remaining 15 was confirmed. Being
aggrieved thereby, the present appeals.
3. Mr. Raj Kumar Choudhary, learned counsel appearing on
behalf of the appellants relying on the judgment of this
Court in the case of Masalti v. State of U.P. reported in
1
AIR 1965 SC 202 and Chandra Shekher Bind & Ors. v. State of
Bihar (2001) 8 SCC 690 submits that in a riot case unless
two witnesses identify the accused, the conviction is not
sustainable. Learne...