Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - If two views are possible, the Appellate Court should not ordinarily interfere with the judgment of acquittal...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Trial Court's decision can be discarded on very substantial and compelling reasons i.e. when (i) The trial court's conclusion with regard to the facts is palpably wrong; (ii) The trial court's decision was based on an erroneous view of law; (iii) The trial court's judgment is likely to result in..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Accused allegedly committed murder by firing on deceased - High Court ignored probative value of FIR and reliable testimony of eye witnesses - High Court reconstructed the evidence and decided the appeal on surmises - Appreciation of evidence not only faulty but based on misconception of facts - It..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court committed illegality in ignoring material evidence and coming to a wrong conclusion - Appeal remitted to High Court for decision on merits after hearing parties, in the interest of justice...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 304B, 498A -- Appeal against acquittal - Powers of appellate Court - Conviction of accused for offence u/ss 304-B, 498-A IPC by High Court by reversing order of acquittal - Where the view taken by Trial Court upon appreciating evidence on record is possible and plausible view, High Court cannot..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - Statements of 3 eye- witnesses to the occurrence fully proved the incident and corroborated the statements mentioned in FIR - No material contradiction in cross examination found - As per post mortem report injuries on the deceased persons were found to..........
Criminal Procedure Code, 1973, Section 378, 407 -- Judgment of acquittal in a case instituted upon a police report - De facto complainant filed appeal out of mistake - Held, it cannot be rejected outrightly - It can be treated as revision and disposed of on merits..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Held, if trial court's view is possible or plausible, High Court should not substitute same by its own possible view...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - An order of acquittal should not be lightly interfered with even if the Court believes that there is some evidence pointing out the finger towards the accused...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal by High Court - Considering the normal human conduct of taking deceased to hospital and other relations, delay of 2 hours in filing FIR is not inordinate - Witnesses are not independent and are related to deceased is no ground to discard their evidence -..........
