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Criminal LawSupreme Court of India

Kanubhai Bhagvanbhai Nayak v. The State of Gujarat

Criminal Appeal · 2018 INSC 1130Decided 3 Dec 2018
Criminal Appeal No. 1540 of 2018
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

This order sends the case back; it does not decide the dispute. The appellant was convicted of murder. The Gujarat High Court dismissed his appeal without discussing the evidence or recording findings.

Decision Breakdown

This is not a final decision on the dispute. The Court set aside the High Court's order and sent the appeal back to be decided afresh on merits, leaving all issues open.

Lesson Learnt

A criminal appeal must be decided after examining the evidence.

Kanubhai Bhagvanbhai Nayak v. The State of Gujarat – Legal Case Shots | LegalAware