Supreme Court · 1967 INSC 240 · Decided 20 October 1967
Mahendra Pratap Singh v. Sarju Singh & ANR.
- Court
- Supreme Court of India
- Citation
- 1967 INSC 240 · [1968] 2 S.C.R. 287
- Case number
- CRIMINAL APPEAL No. 23/1965
- Decided
- 20 October 1967
- Bench
- M. HIDAYATULLAH, C.A. VAIDYIALINGAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 439, 107
Headnote
F G H MAHENDRA PRATAP SINGH v. SARJU SINGH & ANR. November 20, 1967 [M. HIDAYATULL/\H AND C. A. VAIDIALINGAM, JJ.) Code of Criminal Procedure (Act 5 of 1898), s. 439-Sessions Court 11cquits-Redsion-Power of High Court. In a rc\ision filed by a private party,. the High Court in its powers very minutely, questioned every finding of the Sessions Judge, gave its own interpretation of the evidence de nova. HELD : In 5ctting aside an acquittal in a revision and ordering a retrial, there must exist a manifest illegality in the judgment of a '.quittal or a gross miscarriage oi ·
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