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Mallappa Siddappa Alakanur & Ors vs State Of Karnataka on 7 July, 2009

13] In view of the decision of the Apex Court in the case of Mallappa (supra), this Court is of the opinion that the learned trial Court has appreciated the entire evidence of the prosecution and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal. The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Trial Court was completely justified in acquitting the accused of the charges Page 33 of 34 Uploaded by VISHAL MISHRA(HC01088) on Wed Sep 04 2024 Downloaded on : Fri Sep 06 22:04:07 IST 2024 NEUTRAL CITATION R/CR.A/863/2008 JUDGMENT DATED: 20/08/2024 undefined leveled against him. The findings recorded by the learned Trial Court are absolutely just and proper and no illegality or infirmity has been committed by the learned trial Court and this Court is in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the learned Trial Court. This Court finds no reason to interfere with the impugned judgment and order and the present appeal is devoid of merits and resultantly, the same is dismissed.
Supreme Court of India Cites 10 - Cited by 34 - V S Sirpurkar - Full Document

Sanjeev Kumar vs State Of Himachal Pradesh on 22 January, 1999

"9. ...We are constrained to observe that the High Court was dealing with an appeal against acquittal. It was required to deal with various grounds on which acquittal had been based and to dispel those grounds. It has not done so. Salutary principles while dealing with appeal against acquittal have been overlooked by the High Court. If the appreciation of evidence by the trial Court did not suffer from any flaw, as Page 11 of 34 Uploaded by VISHAL MISHRA(HC01088) on Wed Sep 04 2024 Downloaded on : Fri Sep 06 22:04:07 IST 2024 NEUTRAL CITATION R/CR.A/863/2008 JUDGMENT DATED: 20/08/2024 undefined indeed none has been pointed out in the impugned judgment, the order of acquittal could not have been set aside. The view taken by the learned trial Court was a reasonable view and even if by any stretch of imagination, it could be said that another view was possible, that was not a ground sound enough to set aside an order of acquittal."" (emphasis supplied) In Sanjeev v. State of H.P., the Hon'ble Supreme Court analyzed the relevant decisions and summarized the approach of the appellate Court while deciding an appeal from the order of acquittal. It observed thus:-
Supreme Court of India Cites 7 - Cited by 249 - M B Shah - Full Document
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