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december 2018

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.

Kanubhai Bhagvanbhai Nayak vs The State Of Gujarat · Niyam