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K. J. THAKER, SYED QAMAR HASAN RIZVI
State – Appellant
Versus
Pratap Singh – Respondent
| Table of Content |
|---|
| 1. details of the incident and trial process. (Para 4 , 5 , 7) |
| 2. state's argument against the acquittal. (Para 9 , 23) |
| 3. rules governing appeals against acquittals. (Para 10 , 11 , 12 , 13 , 14) |
| 4. further insights on judicial review in acquittals. (Para 19 , 20 , 21 , 22) |
| 5. conclusion and dismissal of the appeal. (Para 24 , 25 , 26) |
JUDGMENT
In compliance of earlier order of this Court, an email from the Chief Judicial Magistrate, Kannauj has been received to the office mentioning therein that accused-appellant No. 1 Pratap Singh died on 10.3.2017 and accused-appellants No. 2, 3 and 4, namely, Surendra Singh and Lalit Kumar @ Mallu and Mahesh Kumar @ Tillu have been released on bail after furnishing personal bonds and two sureties each.
2. Heard Sri Patanjali Mishra, learned A.G.A. for the State and Shri G.S. Hajela, learned counsel for accused-respondents No. 2, 3 and 4. This is a Government Appeal of the year 1990 listed time and again.
3. This appeal under Section 378 (3) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 20.12.1989 passed by learned Additio
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
Point of law: In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power....
Point of law: It is by now well settled that Appellate Court hearing appeal filed against judgment and order of acquittal will not overrule or otherwise disturb the Trial Court's acquittal if Appella....
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for compelling evidence to overturn such decisions.
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