Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: ss.397 and 401(3 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:ss.397 and 401(3)-High Court's power of revision-In a trial for offences u/s 302 r/w 34 /PC trial court convicting accused u/s 323 - No appeal by State - On revision petition by complainant, High Court reappreciating whole evidence, commenting upon credentiality of Autopsy Surgeon and remanding the case to trial court observing that intention of all the accused was to cause death of the victim and it was a case u/s 302 /PC - Held: In effect and substance finding of trial court has been reversed - One possible view was sought to be substituted by another possible view - High Court did not point out any error of Jaw on the part of trial court - Since the view of trial court could not be termed to be a perverse one, High Court exceeded its jurisdiction - Judgment of High Court set aside - Penal Code, 1860 - ss. 323/34. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 118 |
Petitioner | Johar And Others |
Respondent | Mangal Prasad & Anr. |
SCR | [2008] 2 S.C.R. 185 |
Judgement Date | 2008-01-30 |
Case Number | 215 |
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