Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:The question which arose for consideration was whether the HighCourt was justified in setting aside the order of acquittal passedby the trial court.Code of Criminal Procedure, 1973 – s. 378 – Appeal againstacquittal – Matter pertaining to dispute over property betweenaccused and the family of complainant – Accused assaulted thecomplainant and his family – Acquittal of all the accused by thetrial court, however conviction for the offences punishable u/s.304 Part I and s. 324/149 IPC by the High Court – Correctness:Held: No findings recorded by the High Court after re-appreciatingthe evidence, no discussion about the testimony of eyewitnessesand no finding to indicate that the High Court considered thequestion whether the view taken by the trial court was a possibleview – High Court held the accused guilty without recording anyreasons and without recording any finding regarding the role playedby the accused individually and collectively – Nothing stated asto who were the authors of the injuries sustained by deceasedand injured witnesses – No finding as to how s.149 IPC attracted– Thus, the High Court, as an appellate court, while hearing theappeal against acquittal, has not done its duty – However, mattercannot be remanded back since the offence took place abouttwo decades back – Findings of the trial court and evidence ofeyewitnesses have been perused – Trial court was unable to acceptthe testimony of the witnesses after in-depth scrutiny –Conclusionsrecorded by the trial court were possible conclusions – Thus, theimpugned judgment set aside – Penal Code, 1860 – ss. 304 PartI and 324/149 . [Paras 11-15]Code of Criminal Procedure, 1973 – s. 378 – Appeal againstacquittal – Exercise of appellate jurisdiction while dealingwith an appeal against acquittal u/s. 378 – General principles– Stated.[Paras 7 and 8]Appeal against acquittal – Appreciation of evidence:Held: In many cases, the trial judge passing the order ofacquittal has an occasion to record the oral testimony of allmaterial witnesses – While deciding about the reliability of theversion of prosecution witnesses, their demeanour remains inthe back of the mind of the trial judge – Demeanour of a witnessfrequently furnishes a clue to the weight of his testimony – Ithas to be borne in mind while dealing with an appeal againstacquittal. [Para 9]Law of Evidence by Sarkar – referred to. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2023 INSC 858 |
Petitioner | H. D. Sundara & Ors. |
Respondent | State Of Karnataka |
SCR | [2023] 14 S.C.R. 47 |
Judgement Date | 2023-09-26 |
Case Number | 247 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |