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Dinesh Lal v. State of Uttarakhand

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1314 of 2015)Decided 6 Oct 2015
Criminal Appeal No. 1314 of 2015
Justice T.S. Thakur · Justice V. Gopala Gowda

Background

This order sends the case back; it does not decide the dispute. The appellant was convicted of murder under Section 302 IPC and under the Arms Act. The Uttarakhand High Court affirmed the conviction by its judgment of 3 July 2013 in Crl. A. No. 153 of 2010.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the High Court had affirmed the trial conviction without re-appraising the evidence of interested witnesses. It set that judgment aside and sent the appeal back to the High Court for fresh disposal on merits within six months. It did not decide guilt or innocence.

Lesson Learnt

There is no final ruling yet on the appellant's guilt. A High Court hearing an appeal against conviction must re-appraise the evidence itself.

Official source (sci.gov.in)View Judgment (PDF)

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