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1 - 10 of 19 (0.29 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Code of Criminal Procedure, 1973
Dhanapal & Ors vs State By Public Prosecutor, Madras on 1 September, 2009
"31.It has been stated and restated that a cardinal principle in criminal jurisprudence that presumption of innocence of the accused is reinforced by an order of the acquittal. The appellate court, in such a case, would interfere only for very substantial and compelling reason. There is plethora of case laws on this proposition and we need not burden this judgment by referring to those decisions. Our purpose would be served by referring to one reasoned pronouncement entitled Dhanapal v. State which is the judgment where most of the earlier decisions laying down the aforesaid principle are referred to. In para 37, propositions laid down in an earlier case are taken note of as under: -
Chandrappa & Ors vs State Of Karnataka on 15 February, 2007
In Chandrappa v. State of Karnataka, (2007) 4 SCC 415 this Court held: (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
Dilawar Singh & Ors vs State Of Haryana on 16 September, 2014
In Dilawar Singh v. State of Haryana, (2015) 1 SCC 737, the Supreme Court reiterated the same in paragraphs 36 and 37 as under :
Nagaraja vs State Of Karnataka on 18 December, 2008
58. The Hon'ble Apex Court in Nagaraj Vs. State of Karnataka, (2008) 17 SCC 277 has held that mere exhortation by one of the accused persons to other co-accused to kill the deceased cannot be ground for roping in all accused persons on the basis of their common intention especially in circumstances when long drawn civil dispute was pending between them. The only allegation against the accused-respondent, Kesheo Pandey was his exhortation and his family's enmity with the family of the deceased due to civil litigation. In such a situation, it cannot be ruled out that the name of the accused-respondent, Kesheo Pandey was added due to enmity with the deceased.