Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appeal against conviction Criminal Appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Appeal - Appeal against conviction - Manner of disposal - Conviction recorded by Trial Court - Set aside C by High Court by a cryptic and practically non-reasoned order - Justification of - Held: Not justified - There was practically no analysis of the evidence by High Court, more particularly ยท of the eye-witnesses who claimed to have suffered injuries in the incident - Dying declaration purportedly made by deceased was also not discussed by High Court- Trial Court had analyzed the evidence in great detail - High Court did not make an effort to indicate as to how the conclusions of Trial Court was erroneous and/or contrary to evidence on record - Such casual disposal of appeal is neither proper nor desirable - Hence, matter remitted to High Court - Penal Code, 1860 - s.304 Part-I and s.304 Part-II. The respondents were charged for alleged intentional commission of murder. The Sessions Judge convicted respondent no.1 in terms of Section 304 Part I IPC and respondent no.2 in terms of Section 304 Part II. High Court allowed appeal filed by respondents. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 142 |
Petitioner | State Of Karnataka |
Respondent | Ningappa @ Bhyrappa @ Ningegowda & Anr. |
SCR | [2009] 3 S.C.R. 161 |
Judgement Date | 2009-02-11 |
Case Number | 264 |
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