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Documents citing State Of Uttar Pradesh vs Samman Dass on 11 January, 1972

State vs . on 17 August, 2013

8. On the close of the prosecution evidence, the accused was examined in terms of Section 313 of Cr. PC. On putting the incriminating facts and circumstances on the record, accused stated that the prosecutrix / girl child accompanied on her own will with her to Kolkata where they performed marriage on 28.02.2013 at Village Chandipur but he denied that he had sexual intercourse with the prosecutrix / girl child. FIR No. 63/13 State v. Suman Dass Page no. 4 of 13
Delhi District Court Cites 13 - Cited by 0 - Full Document

T.Vijay A1, Medak Dt 5 Otrs., vs State Of Ap., Rep. Pp. Hyd., on 29 October, 2022

29. The mere relationship of PWs.1, 2 and 5 with the deceased Nos.1 to 3 itself does not make them as interested. In many a cases close relations such as wife, brother, mother, sister or son of the deceased / injured person may happen to be natural and reliable witnesses and if their evidence is otherwise found to be truthful, it cannot be discarded. The mere relationship does not discredit the evidence of eye witness and such evidence can be acted upon if it is found to be reliable after careful scrutiny from the point of view of truthfulness. The close relations of the deceased / injured may naturally rush to the scene of offence on hearing the alarm of the deceased. Credibility and relationship of the witnesses have to be tested with reference to the way they AVR,J & GAC,J Crl.A_526_2014 Page 24 of 27 fared in the cross-examination and the nature of impression created in the mind of the Court. Thus, the relationship itself is not sufficient to discredit and discard the evidence of PWs.1, 2 and 5 unless a motive is attributed to spare the real culprit and to falsely implicate the innocent persons (Bhagga Vs.State of Madhya Pradesh5, Anil Rai Vs. State of Bihar6 and State of U.P. Vs. Samman Dass7).
Telangana High Court Cites 18 - Cited by 0 - Full Document

Bajwa & Ors vs State Of U.P on 6 March, 1973

Emphasis was laid on paras 3 and 4 of that judgment where reference has been made to the decisions in Sheo Swarup vs. King Emperor(2), Sanwat Singh vs. State of Rajasthan ( 3 ) and State of U.P. vs. Samman Dass (4 ) and relevant passages from those judgments reproduced. Shri Garg submitted that in the case before us also the High Court had failed to realise the limitation within which it had to function and the caution it had to observe in considering the appeal against the appellants acquittal.
Supreme Court of India Cites 22 - Cited by 41 - A Alagiriswami - Full Document

Babu Ram And Others vs State Of Uttar Pradesh on 1 February, 1983

About the time of occurrence also the High Court reversed the finding of the Sessions Court that the possibility was that Dhani Ram was done to death in the early hours of 8th October before he had gone to ease himself. The reasons given by the Sessions Court appear to be more plausible on the materials on the record. In any case, even if two views were possible, the High Court should not have interfered with the conclusions arrived at by the Sessions Court unless the conclusions were not possible. If the finding reached by the trial Judge cannot be said to be unreasonable, the Appellate Court should not disturb it even if it were possible to reach a different conclusion on the basis of the material on the record because the trial Judge has the advantage of seeing and hearing the witnesses and the initial presumption of innocence in favour of the accused is not weakened by his acquittal. The appellate Court, therefore, should be slow in disturbing the finding of fact of the trial court and if two view are reasonably possible of the evidence on the record, it is not 'expected to interfere simple because it feels that it would have taken a different view if the case had been tried by it. This Court in U.P. State v. Samman Dass(1) dealing with a similar situation laid down the following postulates:
Supreme Court of India Cites 7 - Cited by 99 - R B Misra - Full Document

State vs ) Om Prakash S/O Sh. Hoti Lal on 19 March, 2016

18. About the time of occurrence also the High Court reversed the finding of the Sessions Court that the possibility was that Dhani Ram was done to death in the early hours of 8th October before he had gone to ease himself. The reasons given by the Sessions Court appear to be more plausible on the materials on the record. In any case, even if two views were possible, the High Court should not have interfered with the conclusions arrived at by the Sessions Court unless the conclusions were not possible. If the finding reached by the trial Judge cannot be said to be unreasonable, the Appellate Court should not disturb it even if it were possible to reach a different conclusion on the basis of the material on the record because the trial Judge has the advantage of seeing and hearing the witnesses and the initial presumption of innocence in favour of the accused is not weakened by his acquittal. The Appellate Court, therefore, should be slow in disturbing the finding of fact of the trial Court and if two views are reasonably possible of the evidence on the record, it is not expected to interfere simply because it feels that it would have taken a different view if the case had been tried by it. This Court in State of U.P. v. Samman Dass, (1972) 3 SCR 58 :
Delhi District Court Cites 19 - Cited by 0 - Full Document
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