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Supreme Court of India 2018-12-03 allowed

Kanubhai Bhagvanbhai Nayak vs State of Gujarat

Bench: 2 — Abhay Manohar Sapre

In Brief

In this criminal appeal against a conviction for murder under IPC Section 302, the Supreme Court found that the High Court's Division Bench had failed to fulfill its appellate duty. Rather than examining prosecution evidence and addressing the accused's arguments, the High Court merely noted that the trial judge had examined the evidence thoroughly and adopted his conclusion. The Supreme Court held that appellate courts must independently examine witness testimony, appreciate evidence in light of defence challenges, and record reasoned findings. The decision was remanded to the High Court to decide the appeal afresh on merits, with all issues left open for fresh consideration.

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Criminal Law Appellate Procedure Criminal Appeal Procedural Failure

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