Supreme Court of India · 1957-10-14
KAPIL DEO SHUKLA vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 1957/60148
- Court
- Supreme Court of India
- Petitioner
- KAPIL DEO SHUKLA
- Respondent
- THE STATE OF UTTAR PRADESH
- Bench
- SINHA, BHUVNESHWAR P.
Judgment text excerpt
The Supreme Court held that the trial conducted by a jury was void due to the jurors' incompetence in understanding English, which was essential for determining the authorship of forged documents under Sections 408 and 477-A of the Indian Penal Code. The Court emphasized that a memorandum of appeal must succinctly state specific grounds, disapproving the Allahabad High Court's practice of accepting vague appeals. Consequently, the Court ruled that the trial was coram non judice, leading to a mis-trial, and upheld the acquittal of the appellant.