Supreme Court · 2007 INSC 825 · Decided 10 August 2007

State of U.P v. Govind Das@ Gudda and ANR.

Court
Supreme Court of India
Citation
2007 INSC 825 · [2007] 8 S.C.R. 968
Case number
CRIMINAL APPEAL No. 1049/2007
Decided
10 August 2007
Bench
ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 34, 302

Headnote

Penal Code, I 860: -+. c ss.302134-Trial Court acquitting one accused-Another accused sentenced to death and rest awarded life imprisonment-Appeal and reference relating to death sentence-High Court set aside conviction-On appeal, held, approach of High Court is unsustainable-Mere fact that in its totality-While setting aside order of Conviction, High Court ought to have D analysed the evidence to show as to how the conclusion of trial Court as regards acceptability of evidence of any witness was erroneous-That has not been done-Matter remitted to High Court for fresh consideration.

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