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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

A man convicted of murder appealed to the High Court, which dismissed his appeal without examining the evidence or addressing his arguments. The Supreme Court found this inadequate. An appellate court must independently examine each prosecution witness's evidence, consider the accused's challenges, and provide reasons for affirming, modifying, or reversing the conviction. Merely stating agreement with the trial court's decision, without detailed analysis and findings, violates appellate procedure. The Court set aside the High Court's order and remanded the case for a fresh hearing on the merits in accordance with proper appellate standards.">

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Criminal Procedure Appellate Law Murder Standards of Appellate Review

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