Scribd
Upload
24 views1 page

Legal 4

The document discusses an appeal against a high court decision in a criminal case. It discusses arguments from the appellant's lawyer that the high court did not properly consider the evidence regarding the location and timing of the incident. The state's lawyer also argued that the high court failed to properly consider the evidence establishing the guilt of the accused.

Uploaded by

challengerashu36
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
24 views1 page

Legal 4

The document discusses an appeal against a high court decision in a criminal case. It discusses arguments from the appellant's lawyer that the high court did not properly consider the evidence regarding the location and timing of the incident. The state's lawyer also argued that the high court failed to properly consider the evidence establishing the guilt of the accused.

Uploaded by

challengerashu36
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Manu

Negating the finding of the High court as to the place of occurrence learned councel submitted that the
High curt did not considering the case in its proper prospective a perusal of entire evidence on record
would clearly establishes the place of occurrence and that the proseuction has succedded in proving the
quilt beyound all reasonable doubt. The evidence on record clarly reveals that the investigating officer
had recovered a blood stan roll of the play and the play clay form the place of occurrence of accident
which was sent for examination wherein onn analysis the human plood was found on the same have
been the evidence of eye witnesses Pw- Bhola singh and PW-2 Baijnath singh is very much consistent on
the said aspect and therefore the High court was not to raise a dispute on the place of occurrence.
Contending further on the doubt raised by the High court on the timing of accedent learned counsel
submit that High Court has laid on lay of emphasis on the presence of semi digested food in the medical
report and it has held that it totally contradict the case of prosecution with regard to tome of
occurrance of the offence whereas the doctors in their examination in cheif for clearly stated that the
accident might have took place at 8 Am thus the High court erred in recording the finding contrary to
the evidence particulary for the reason that in villages generally people wake up early in the morning
start work early after having Brakefast and therefore presence of half digested food cannot be a
properly ground ground but arrive at a conclusion that the deceased must have died at night. Learned
counsel finally submitted that for all the aforesaid reasons the High Court had not have interfered with
the well reasoned judgment of the Trial Court in support of his submission learned counsel placed
reliance on various authorities on this court.

The learned counsel for the state supported the contentions of the appellant and considered that the
High Court erred in aquitting the respective accused ignoring the certain relevent ciscumstance and
material evidence which clearly established the quilt of the accused according to him the High Court has
uterly to fail to consider genuine facts that FIR was lodged at 9.15 Am immediately after the accident
without any unreasoned delay evidence on both the eye witnesses i.e PW-1 and PW-2 were reliable as
their submissions were completely corroborated by the medical evidence. The enquired Ganga singh
though could not be examined by the prosecution who had been medically examined by PW-6 on the
same at corroborating story and the motive of the accused to commit the crime was established as they
were having enmity with the victim party in respect of a land dispute. Learned counsel therefore prayed
that cogent evidence available on record this court should exercise its powers under article 136 of the
constitution of India and set aside the impugned judgment and order by convicting the accused.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy