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Documents citing Barati vs State Of U. P on 12 March, 1974

Gali Hari Babu Dancer Hari, Another, vs The State Of Ap Rep By Its Pp Hyd., on 27 July, 2020

Evidence of witnesses cannot be rejected on the ground that they were related to the deceased rather relatives of the deceased would be reluctant to spare real assailants. (Vide: "Barati v. State of U.P.6") In "Bhagaloo Lodh v. State of U.P.7" the Apex Court held that the evidence of a close relation can be relied upon provided it is trustworthy. Such evidence is required to be carefully scrutinised and appreciated before resting of conclusion to convict the accused in a given case. The evidence of witnesses cannot be disbelieved merely on the ground that the witnesses are inter-related to each other or to the deceased.
Andhra Pradesh High Court - Amravati Cites 30 - Cited by 0 - Full Document

Vadlamukkala Suresh vs The State Of A.P. on 27 July, 2020

Evidence of witnesses cannot be rejected on the ground that they were related to the deceased rather relatives of the deceased would be reluctant to spare real assailants. (Vide: "Barati v. State of U.P.6") In "Bhagaloo Lodh v. State of U.P.7" the Apex Court held that the evidence of a close relation can be relied upon provided it is trustworthy. Such evidence is required to be carefully scrutinised and appreciated before resting of conclusion to convict the accused in a given case. The evidence of witnesses cannot be disbelieved merely on the ground that the witnesses are inter-related to each other or to the deceased.
Andhra Pradesh High Court - Amravati Cites 30 - Cited by 0 - Full Document

State Of H.P. vs Jai Dev And Ors. on 11 September, 2007

In Barati v. State of U.P. , the Court held that while exercising the power and before reaching its conclusion upon fact the High Court should give proper weight and consideration to such matters as (1) the view of the trial Judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial (3) the right of the accused to the benefit of any real and reasonable doubt; and (4) the slowness of an appellate Court in disturbing a finding of fact arrived at by a Judge who had the advantage of seeing the witness.
Himachal Pradesh High Court Cites 14 - Cited by 4 - S Karol - Full Document

Salim Zia vs State Of U.P on 24 November, 1978

right of the accused to the benefit of any real and reasonable doubt; and (iv) the slowness of an appellate Court in disturbing a finding of fact arrived at by a Judge who had the advantage of seeing the witnesses." We have perused the impugned judgment with care but do not think that the principles laid down by this Court in the above mentioned decisions with regard to disposal of acquittal appeals were lost sight of by the High Court The appellant's version that the injuries observed on his person by Dr. K. L. Verma on November 11, 1969 were the result of shots fired by the deceased from revolver (Exh. 4) not having been established and the appellant having admitted that he fired two or three shots at the deceased, the High Court was fully justified in reversing the trial court's order of acquittal of the appellant which was erroneously made by the Sessions Judge on the basis of surmises and conjectures and convicting him specially when the prosecution story that the appellant fired at the deceased without any justifiable provocation was established to the hilt by the evidence of a number of prosecution witnesses who even according to the Sessions Judge gave a true account of the occurrence.
Supreme Court of India Cites 19 - Cited by 196 - J Singh - Full Document
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