Supreme Court · 2009 INSC 561 · Decided 20 April 2009
Tomy and ANR. v. State of Kerala and ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 561 · [2009] 8 S.C.R. 39
- Case number
- CRIMINAL APPEAL No. 788/2009
- Decided
- 20 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34
Headnote
Practice and procedure: Criminal case - Acquittal by trial court - High Court set aside order of trial court and remitted c matter to it for fresh hearing - ProprietY of - On facts, held: Not proper - Order of High Court was without indicating plausible reasons. "'( Prosecution case was that causing grievous injuries. The trial court on consideration of evidence directed acquittal giving finding that there were two different prosecution versions and there was no proper justification for not accepting the version as to why victim was not taken to the E government hospital.
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