Supreme Court of India · 2018-12-03
Kanubhai Bhagvanbhai Nayak vs The State Of Gujarat
- Citation / case number
- AIR 2019 SUPREME COURT 544
- Court
- Supreme Court of India
- Petitioner
- Kanubhai Bhagvanbhai Nayak
- Respondent
- The State Of Gujarat
- Author
- Abhay Manohar Sapre
- Bench
- Indu Malhotra, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court allowed the appeal against the High Court's dismissal of the appellant's criminal appeal, which confirmed the conviction under Section 302 IPC. The Court found that the High Court failed to discuss or appreciate the evidence and issues raised by the appellant, necessitating a remand for a fresh examination of the case on merits. The Court emphasized the need for the appellate court to examine evidence and record findings, as mandated by Section 386(b) of the Code of Criminal Procedure, 1973.