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1 - 10 of 18 (0.22 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Sri Sambhu Das @ Bijoy Das & Anr vs State Of Assam on 15 September, 2010
“26. Thus, the trial court and the High Court have recorded concurrent
findings of facts holding the appellants guilty of the offences under
Sections 323/34, 504/34, 376(2) (a) and 376 (2) (g) IPC and the appellant
Radha Krishan guilty of the offence under Section 342 IPC also. It has
been repeatedly held by this Court that even though the powers of this
Court under Article 136 of the Constitution are very wide, in criminal
appeals this Court does not interfere with the concurrent findings of
facts, save in exceptional circumstances where there has been grave
miscarriage of justice {Sambhu Das v. State of Assam (2010) 10 SCC
374}. As we have found that the concurrent findings of facts recorded by
the trial court and the High Court in this case are based on legal
evidence and there is no miscarriage of justice as such by the two courts
while arriving at the said findings, we are not inclined to disturb the
impugned judgment of the High Court in exercise of our discretion under
Article 136 of the Constitution.”
Chandrappa & Ors vs State Of Karnataka on 15 February, 2007
In Chandrappa and Ors. v. State of Karnataka (2007) 4 SCC 415,
the scope of power of appellate court dealing with an appeal against
acquittal has been considered and this Court held as under:
State Of Rajasthan vs Shera Ram @ Vishnu Dutta on 1 December, 2011
(5) If two reasonable conclusions are possible on the basis of the
evidence on record, the appellate court should not disturb the finding of
acquittal recorded by the trial court.”
Unless there are substantial and compelling reasons, the order of acquittal
is not required to be reversed in appeal. It has been so stated in State
of Rajasthan vs. Shera Ram (2012) 1 SCC 602.