Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Remanded |
Headnote | Penal Code, 1860: s.302 – Conviction under s.302 by trialcourt – High Court confirmed conviction and sentence – Appealagainst conviction on the ground that in the order of High Court,there was neither any reference of any evidence, nor its applicationand nor there was any discussion much less finding in the impugnedorder – Held: In view of the powers of the Appellate Court unders.386(b), Cr.P.C., the High Court ought to have examined theevidence of each prosecution witnesses on issues arising in the caseand the same should have been examined in the light of the challengemade by the accused in appeal and then recorded a finding eitherof affirmation or modification or reversal, as the case may be – Itwas incumbent upon the High Court to deal with issues urged andthen record its finding one way or the other keeping in view the law– Impugned order is set aside and matter remitted to High Court forfresh consideration – Code of Criminal Procedure, 1973 – s.386(b). |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1130 |
Petitioner | Kanubhai Bhaghvanbhai Nayak |
Respondent | State Of Gujarat |
SCR | [2018] 14 S.C.R. 452 |
Judgement Date | 2018-12-03 |
Case Number | 1540 |
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