Supreme Court · 2002 INSC 321 · Decided 1 August 2002
Toran Singh v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2002 INSC 321 · [2002] SUPP. 1 S.C.R. 390
- Case number
- CRIMINAL APPEAL No. 39/2002
- Decided
- 1 August 2002
- Bench
- DORAISWAMY RAJU, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Constitution Article 136
Headnote
Penal Code, 1860-Section 302-Murder-Trial Court brushing aside the infirmities and improbabilities in the prosecution case-Convicting the accused-Confirmed by High Court-On appeal held, High Court ought to C have scrutinized and examined its evidence as first court of appeal-Order of Trial Court Constitution of India, 1950-Article 136-Concurrent finding by courts D below-Normally not interfered with-Where no proper and objective appreciation of evidence by trial court-High Court as first court of appeal also fails in its duty of re-appreciating and reviewing evidence
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