Supreme Court · 1976 INSC 256 · Decided 20 October 1976
Patel Jethabhai Chatur v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 1976 INSC 256 · [1977] 1 S.C.R. 872
- Case number
- CRIMINAL APPEAL No. 385/1976
- Decided
- 20 October 1976
- Bench
- P.N. BHAGWATI, S. MURTAZA FAZAL ALI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 378; Constitution Article 136
Headnote
Appeal against acquittal of an offence of consuming liquor-Merely because the High Court took the view that a further charge of "possessi011eof liquor"· should have been framed, setting aside of the acquittal without finding whether the order of acquittal wa,, erroneous and )(b) r!w sec. 378 Criminal Procedure Code (Act fl of 74), 1973. • Charge-Fresh charge· on appreciation of evidence can be ordered to be framed by the High Court in exercise of its appellate jurisdiction-Criminal Procedure Code (Act fl of 1974), 1973-secs. 386(a), 464 (!)and
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