Supreme Court · 1997 INSC 485 · Decided 6 May 1997
Tanviben Pankaj Kumar Divetia v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 1997 INSC 485 · [1997] SUPP. 1 S.C.R. 96
- Case number
- CRIMINAL APPEAL No. 290/1984
- Decided
- 6 May 1997
- Bench
- G.N. RAY, G.T. NANAVATI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3021120, 302, 34; CrPC Section 392, 313; Evidence Act
Headnote
Ciiminal Law: Ciiminal Procedure Code, 1973: Section 392. Appeal-Difference of opinion between Judges-Reference to third Judgl~Held: Third Judge free to decide the appeal in the manner he thinks prope1~ TJ1ird Judge not obliged either as a mle of pmdence or on the score of judicial etiquette, to Code, 1898, S.429. Section 313-Defence plea-Falsity of-Held: Cannot take the place of proof of facts though it may be an additional circumstance against the accused-C1iminal Tlial. Section 313-Examination of accused-lncliminat­ ing circumstances-Reasonable opportunity to explain
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