VIKRAM NATH, PRASANNA B. VARALE
Shyam Narayan Ram – Appellant
Versus
State Of U. P. & Anr. Etc. – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. By means of these appeals, the informant- appellant has assailed the correctness of the judgment and order dated 01.11.2023 passed by the Allahabad High Court in Criminal Appeal Nos.4982/2019, 5346/2019 and 5347/2019 whereby the High Court allowed the appeals, set aside the order of conviction passed by the Trial Court dated 15/16th July, 2019 and had remanded the matter to the Trial Court to decide the same afresh and that the matter be retried from the stage of testimony of PW 2 onwards. Further a direction was issued that the authors of the exhibited documents liable to establish the authenticity of the same would be cross- examined by the defence, and that the trial would proceed on day to day basis and shall conclude on or before 31st May, 2024. Further, the appellants before the High Court were to be released on bail on furnishing personal bonds and two heavy sureties each of the like amount to the satisfaction of the court concerned. They were further liable to give additional affidavit to the Trial Court concerned, that they would remain present on every day or as and when required by the Trial Court. It was further directed that
Sonu alias Amar vs. State of Haryana
Shamsher Singh Verma vs. State of Haryana
No formal proof of certain documents – Court has to appreciate, analyse and test creditworthiness of evidence led by prosecution which is available on record and if such evidence beyond reasonable do....
An accused person cannot claim de novo trial as a matter of right, except in exceptional circumstances where the defence counsel's representation falls below an objective standard of reasonableness.
Section 294 of CrPC states as where any document is filed before any Court by prosecution or accused, particulars of every such document shall be included in a list and prosecution or accused, as cas....
(1) Doctrine of judicial notice is an exception to general rules of evidence applicable for proving any fact by adducing evidence in Court of law – Except in rarest of rare cases, judicial notice of ....
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
Examination of witnesses in the absence of the accused violated the right of the accused for cross-examination, leading to the setting aside of the conviction and acquittal of the appellant.
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.