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Supreme Court of India · 03/12/2018

KANUBHAI BHAGVANBHAI NAYAK versus STATE OF GUJARAT

[2018] 14 S.C.R. 452 · 2018 INSC 1130

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Summary

The Supreme Court remanded a murder-conviction appeal because the High Court had affirmed the trial court without analysing the evidence or deciding the issues raised. A first appellate court must examine both facts and law and record findings addressing the challenge. The Supreme Court set aside the High Court’s judgment, left all merits issues open and requested a fresh decision preferably within six months.

Issues

  1. Whether summary agreement with the trial court, without evidentiary analysis or findings on the grounds urged, discharged the High Court’s criminal appellate duty.

Provisions considered

Held

Result

Appeal allowed. High Court judgment set aside and criminal appeal remanded for fresh decision, preferably within six months. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 452.