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1 - 8 of 8 (0.19 seconds)Harisingh M. Vasava vs State Of Gujarat on 27 February, 2002
It is a well-settled principle in law that though the first
appellate court like the High Court in this case sits as a
court of appeal on facts also while considering an appeal
from the judgment of the trial court and in that process it
can re-appreciate the evidence on record to arrive at a just
conclusion, this Court in more than one case has held that
while so re-appreciating the evidence, the appellate court
should first analyse the findings of the trial court and then
for valid reasons to be recorded the appellate court can
reverse such finding of the trial court. The said decisions
also hold that the appellate court while sitting as a court of
appeal should not substitute the finding of the trial court
merely because another view is possible to be taken on the
same sets of facts. (See : Rajendra Prasad vs. State of Bihar
(1977 2 SCC 205), Harisingh M.Vasava vs. State of Gujarat
(2002 3 SCC 476) and Joseph vs. State of Kerala (2003 1
SCC 465).
Section 147 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 161 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Rajendra Prasad vs State Of Bihar on 25 February, 1977
It is a well-settled principle in law that though the first
appellate court like the High Court in this case sits as a
court of appeal on facts also while considering an appeal
from the judgment of the trial court and in that process it
can re-appreciate the evidence on record to arrive at a just
conclusion, this Court in more than one case has held that
while so re-appreciating the evidence, the appellate court
should first analyse the findings of the trial court and then
for valid reasons to be recorded the appellate court can
reverse such finding of the trial court. The said decisions
also hold that the appellate court while sitting as a court of
appeal should not substitute the finding of the trial court
merely because another view is possible to be taken on the
same sets of facts. (See : Rajendra Prasad vs. State of Bihar
(1977 2 SCC 205), Harisingh M.Vasava vs. State of Gujarat
(2002 3 SCC 476) and Joseph vs. State of Kerala (2003 1
SCC 465).
Section 324 in The Indian Penal Code, 1860 [Entire Act]
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