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Documents citing Kamlesh Prabhudas Tanna & Anr vs State Of Gujarat on 26 August, 2013

T. Venkateshwarlu, Ongole Town vs Sho, Ongole Ii Town P.S., Prakasam Dist. on 27 July, 2020

50. Committing grave offence of murder in an isolated place i.e. guard room in the residential bungalow of Principal District Judge, Prakasam at Ongole is a matter of serious concern and the question of witnessing the incident directly by third parties is not expected during night more particularly, when the incident took place during mid night of 24/25.03.2013. In those circumstances, based on circumstantial evidence, the court has to decide the complicity of the accused, though extra judicial confession allegedly made by the accused before P.V Subba Rao, Tahildar (P.W.8) is disbelieved, the other proved circumstances complete the links in the chain of circumstances which consistently pointing out the guilt of the accused. Hence, based on proved circumstances, the Sessions Court found the accused guilty for the offence and even after reappraisal of the entire evidence available on record, exercising power under Section 374 (2) Cr.P.C. based on the principles laid down in Kamlesh Prabhudas Tanna & Anr v. State Of Gujarat26, it is difficult to come to any other conclusion than the 26 (2013) 15 SCC 263 MSM,J & NJS,J Crla_811_2015 40 conclusion arrived by the Sessions Court. Hence, we have no hesitation to hold that the proved circumstances established the guilt of the accused and we also found no ground to interfere with the findings recorded by the Sessions Court.
Andhra Pradesh High Court - Amravati Cites 38 - Cited by 0 - M S Murthy - Full Document

Moturi Srinivasa Rao Alias Srinivasu, vs The State Of Ap Rep By Its Pp Hyd., on 1 September, 2018

15. Section 374 Cr.P.C conferred substantive right of appeal on the accused who is convicted by the trial Court and this Court while exercising power under Section 374(2) Cr.P.C is bound to re-appreciate entire evidence to come to an independent conclusion, uninfluenced by the findings recorded by the Court below and decide the legality of conviction and sentence passed by the Sessions Court. Therefore, it is the duty of this Court to re-appreciate entire evidence recorded by the Court below after giving an opportunity to both the parties, i.e accused and the respondent, unless the Court finds manifest perversity in the calendar and judgment or such findings were recorded without evidence, normally, this Court cannot interfere with such fact findings in appeal, while exercising jurisdiction under Section 374(2) Cr.P.C. It is the sacrosanct duty of the appellate court, while sitting in appeal against the judgment of the trial Judge, to be satisfied that the guilt of the accused has been established beyond all reasonable doubt after proper re-assessment, re-appreciation and re-scrutiny of the material on record. Appreciation of evidence and proper re-assessment to arrive at the conclusion is imperative in a criminal appeal. That is the quality of exercise which is expected of the appellate court to be undertaken and when that is not done, the cause of justice is not sub-served, for neither an innocent person should be sent to prison RR,J & MSM,J CrlA_604_2013 7 without his fault nor a guilty person should be let off despite evidence on record to assure his guilt as held by the Apex Court in Kamlesh Prabhudas Tanna & Anr v. State Of Gujarat1. Keeping in view, the scope of Section 374(2) Cr.P.C we would like to re-appreciate entire evidence on record to come to an independent conclusion, uninfluenced by the findings recorded by the Court below.
Telangana High Court Cites 24 - Cited by 0 - Full Document

Gopi Anr vs The State Of A.P., Rep. By P.P. on 20 September, 2018

Section 374 Cr.P.C conferred a substantive right of appeal on the accused who is convicted by the Trial Court and this Court while exercising power under Section 374(2) Cr.P.C is bound to re-appraise entire evidence to come to an independent conclusion, uninfluenced by 9 CRL.A.No.655 of 2013 RR,J & MSM,J the findings recorded by the Court below and decide the legality of conviction and sentence passed by the Sessions Court. Therefore, it is the duty of this Court to re-appraise entire evidence recorded by the Court below after affording an opportunity to both the parties i.e., accused and the respondent, unless the Court finds manifest perversity in the calendar and judgment or such findings were recorded without evidence, normally, this Court cannot interfere with such fact findings in appeal, while exercising jurisdiction under Section 374(2) Cr.P.C. It is the sacrosanct duty of the appellate Court, while sitting in appeal against the judgment of the trial Judge, to be satisfied that the guilty of the accused has been established beyond all reasonable doubt after proper re-assessment, re-appreciation and re-scrutiny of the material on record. Appreciation of evidence and proper re-assessment to arrive at the conclusion is imperative in a criminal appeal. That is the quality of exercise which is expected of the appellate court to be undertaken and when that is not done, the cause of justice is not sub-served, for neither an innocent person should be sent to prison without his fault nor a guilty person should be let off despite evidence on record to assure his guilt (vide Kamlesh Prabhudas Tanna & Anr v. State of Gujarat1). Keeping the scope of Section 374(2) Cr.P.C, we would like to re-appreciate entire evidence on record to come to an independent conclusion, uninfluenced by the findings recorded by the Court below.
Telangana High Court Cites 47 - Cited by 1 - Full Document

Begari Gangaiah, Medak Dist. vs State Of A.P., Rep. By P.P., Hyd on 6 December, 2018

The present Criminal Appeal is filed under Section 374 Cr.P.C, which conferred a substantive right of appeal on the accused who is convicted by the Trial Court and this Court while exercising power under Section 374(2) Cr.P.C is bound to re-appreciate entire evidence to come to an independent conclusion, uninfluenced by the findings recorded by the Court below and decide the legality of conviction and sentence passed by RSC, J & MSM,J CrlA_1133_2013 6 the Sessions Court. Therefore, it is the duty of this Court to re-appreciate entire evidence recorded by the Court below after giving an opportunity to both the parties, i.e accused and the respondent, unless the Court finds manifest perversity in the calendar and judgment or such findings were recorded without evidence, normally, this Court cannot interfere with such fact findings in appeal, while exercising jurisdiction under Section 374(2) Cr.P.C. It is the sacrosanct duty of the appellate court, while sitting in appeal against the judgment of the trial Judge, to be satisfied that the guilt of the accused has been established beyond all reasonable doubt after proper re-assessment, re- appreciation and re-scrutiny of the material on record. Appreciation of evidence and proper re-assessment to arrive at the conclusion is imperative in a criminal appeal. That is the quality of exercise which is expected of the appellate court to be undertaken and when that is not done, the cause of justice is not sub-served, for neither an innocent person should be sent to prison without his fault nor a guilty person should be let off despite evidence on record to assure his guilt (vide Kamlesh Prabhudas Tanna & Anr v. State Of Gujarat1). Keeping the scope of Section 374(2) Cr.P.C we would like to re-appreciate entire evidence on record to come to an independent conclusion, uninfluenced by the findings recorded by the Court below.
Telangana High Court Cites 24 - Cited by 0 - R S Chauhan - Full Document

B. Ashok Chakravarthi, Krishna Dist. vs P.P., Hyd on 30 July, 2019

findings were recorded without evidence, normally, this Court cannot interfere with such fact findings in appeal, while exercising jurisdiction under Section 374(2) Cr.P.C. It is the sacrosanct duty of the appellate Court, while sitting in appeal against the Judgment of the trial Judge, to be satisfied that the guilt of the accused has been established beyond all reasonable doubt after proper re-assessment, re-appreciation and re-scrutiny of the material on record. Appreciation of evidence and proper re- assessment to arrive at the conclusion is imperative in criminal appeal. This is the quality of exercise which is expected of the appellate Court to be undertaken and when that is not done, the cause of justice is not sub-served, for neither an innocent person should be sent to prison without his fault nor a guilty person should be let off despite evidence on record to assure his guilt (vide Kamlesh Prabhudas Tanna vs. State of Gujarat1. Keeping in view of the scope of section 374(2) Cr.P.C. we would like to re- appreciate entire evidence on record to come to an independent conclusion, uninfluenced by the findings recorded by the Court below.
Andhra Pradesh High Court - Amravati Cites 31 - Cited by 0 - M S Murthy - Full Document

A.Srinivasan vs State Of Tamil Nadu Represented By on 7 January, 2021

In Kamlesh Prabhudas Tanna v. State of Gujarat 2013 15 SCC 263 dealing with the duty of the appellate court, this Court observed: (SCC p. 267, para 9) “9. At this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for 16/27 https://www.mhc.tn.gov.in/judis/ Crl.A.No.792 of 2013 reasons. If we allow ourselves to say so, one may ascribe certain reasons which seem to be reasons but the litmus test is to give seemly and condign reasons either to sustain or overturn the judgment. The filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out.
Madras High Court Cites 18 - Cited by 0 - A D Chandira - Full Document

Marisaa Adinarayana vs The State Of A.P., Rep. By P.P on 22 May, 2020

19. Section 374 Cr.P.C conferred a substantive right of appeal on the accused who is convicted by the Trial Court and this Court while exercising power under Section 374(2) Cr.P.C is bound to re-appraise entire evidence to come to an independent conclusion, uninfluenced by the findings recorded by the Court below and decide the legality of conviction and sentence passed by the Sessions Court. Therefore, it is the duty of this Court to re-appraise entire evidence recorded by the Court below after giving an opportunity to both the parties, i.e accused and the respondent, unless the Court finds manifest perversity in the calendar and judgment or such findings were recorded without evidence, normally, this Court cannot interfere with such fact findings in appeal, while exercising jurisdiction under Section 374(2) Cr.P.C. It is the sacrosanct duty of the appellate court, while sitting in appeal against the judgment of the trial Judge, to be satisfied that the guilt of the accused has been established beyond all reasonable doubt after proper re-assessment, re-appreciation and re-scrutiny of the material on record. Appreciation of evidence and proper re-assessment to arrive at the conclusion is imperative in a criminal appeal. That is the quality of exercise which is expected of the appellate court to be undertaken and when that is not done, the 8 cause of justice is not sub-served, for neither an innocent person should be sent to prison without his fault nor a guilty person should be let off despite evidence on record to assure his guilt (vide Kamlesh Prabhudas Tanna & Anr v. State Of Gujarat2). Keeping the scope of Section 374(2) Cr.P.C we would like to re-appreciate entire evidence on record to come to an independent conclusion, uninfluenced by the findings recorded by the Court below.
Andhra Pradesh High Court - Amravati Cites 35 - Cited by 1 - M S Murthy - Full Document

Thiruchanur Amaranath vs State Of A.P., Rep. By P.P. Hyd. on 21 May, 2020

Section 374 Cr.P.C conferred a substantive right of appeal on the accused who is convicted by the Trial Court and this Court while exercising power under Section 374(2) Cr.P.C is bound to re-appraise entire evidence to come to an independent conclusion, uninfluenced by the findings recorded by the Court below and decide the legality of conviction and sentence passed by the Sessions Court. Hence, it is the duty of this Court to re-appraise entire evidence recorded by the Court below after giving an opportunity to both the parties, i.e accused and the respondent, unless the Court finds manifest perversity in the calendar and judgment or such findings were recorded without evidence, 10 normally, this Court cannot interfere with such fact findings in appeal, while exercising jurisdiction under Section 374(2) Cr.P.C. It is the sacrosanct duty of the appellate court, while sitting in appeal against the judgment of the trial Judge, to be satisfied that the guilt of the accused has been established beyond all reasonable doubt after proper re-assessment, re-appreciation and re-scrutiny of the material on record. Appreciation of evidence and proper re- assessment to arrive at the conclusion is imperative in a criminal appeal. That is the quality of exercise which is expected of the appellate court to be undertaken and when that is not done, the cause of justice is not sub-served, for neither an innocent person should be sent to prison without his fault nor a guilty person should be let off despite evidence on record to assure his guilt (vide Kamlesh Prabhudas Tanna & Anr v. State Of Gujarat1). Keeping the scope of Section 374(2) Cr.P.C we would like to re-appreciate entire evidence on record to come to an independent conclusion, uninfluenced by the findings recorded by the Court below. P O I N T No.1:
Andhra Pradesh High Court - Amravati Cites 32 - Cited by 0 - M S Murthy - Full Document
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