Supreme Court · 2003 INSC 589 · Decided 31 October 2003
Ramanand Yada V v. Prabhu Nath Jha and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 589 · [2003] SUPP. 5 S.C.R. 42
- Case number
- CRIMINAL APPEAL No. 119/1997
- Decided
- 31 October 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 149, 302; Arms Act Section 34, 149, 302, 25A, 27
Headnote
" Criminal Trial c Practice and procedure--Order of acquittal-Interference by appellate Court-When-Held: When there are compelling and substantial reasons for doing do as miscarriage of justice may result from acquittal of guilty-No embargo on re-appreciation of evidence by appellate 34, 149 and 302-Arms Act, 1959-&ctions 25A and 27- D Explosive Substance Act, 1908-Section 3. Appreciation of evidence--Opinion evidence-Inconsistency between evidence of medical witness and eye witness-Evidentiary value-Held, oral evidence to get primacy as medical evidence is
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