✦ Supreme Court of India

GHUREY LAL v. STATE OF U.P

Criminal Appeal No. 155 of 2006R V RAVEENDRAN, DALVEER BHANDARI68 min read

Case at a glance

Outcome

Set aside

judgment passed by the High Court is set aside

Provisions considered

Judgment

turb the order of acquittal passed by trial court only if it has "very substantial and compelling reasons" for doing so. A number of instances arise in which the appellate court would have "very substantial and compelling rea- sons" to discard the trial court's decision. "Very substan- tial and compelling reasons" exist when: i) the trial court's conclusion with regard to the facts is palpably wrong; ii) the trial court's decision was based on an errone- E F ~ -<( ous view of law; iii) the trial court's judgment is likely to result in "grave miscarriage of justice"; iv) the entire approach of the trial court in dealing G with the evidence was patently illegal; --...,, v) the trial court's judgment was manifestly unjust and unreasonable; vi) the trial court has ignored the evidence or mis- H 504 SUPREME COURT REPORTS [2008] 11 S.C.R. A read the material evidence or has ignored material docu ments like dying declarations/ report of the Ballistic Ex pert, etc.

This list is intended to be illustrative, not exhaustive. B (b) The appellate court must always give proper weight and consideration to the findings of the trial court. y~ (c) If two rl?!asonable views can be reached - one that leads to acquittal, the other to conviction - the High Courts/appellate courts must rule in favour of the accused. [para 73] [539-B,C,D,E,F,G, 540-A,B] C 0 Surajpal Singh& Others v. State AIR 1952 SC 52; Madan Mohan Singh v. State of Uttar Pradesh AIR 1954 SC 637; Alley v. State of UP. AIR 1955 SC 807; Aher Raja Khima v. State of Saurashtra AIR 1956 SC 217; Balbir Singh v. State of Punjab AIR 1957 SC 216; M. G. Agarwal v. State of Maharashtra A!R 1963 SC 200; Umedbhai Jadavbhai v. The State of Gujarat (1978) 1 SCC 228; B.N. Mutto & Another v. Dr. T K. Nandi (1979) 1 SCC 361; Tota Singh & Another v. E State of Punjab (1987) 2 SCC 529; Ram Kumar v. State of Haryana 1995 Supp. (1) SCC 248; Sambasivan & Others v.

State of Kera/a (1998) 5 SCC 412; Bhagwan Singh & Others v. State of M.P. (2002) 4 SCC 85; Harijana Thirupala & Oth ers v. Public Prosecutor, High Court of A.P, Hyderabad (2002) 6 SCC 470; C. Antony v. K. G Raghavan Nair (2003) 1 SCC F 1; State of Karnataka v. K. Gopalkrishna (2005) 9 SCC 291; The State of Goa v. Sanjay Thakran (2007) 3 SCC 755; Staie of Rajasthan v. Raja Ram (2003) 8 SCC 180 - relied on. r I Sheo Swarup v. King Emperor AIR 1934 Privy Council G 227; Tulsiram Kanu v. The State AIR 1954 SC 1; Noor Khan v. State o,t Rajasthan AIR 1964 SC 286; Khedu Mohton & Oth ers v. State of Bihar (1970) 2 SCC 450; Shivaji Sahabrao Bobade & Another v. State of Maharashtra (1973) 2 SCC 793; . Lekha Yadav v. State of Bihar (1973) 2 SCC 424; Khem Karan H & Others v. State ofU.P &Another AIR 1974SC1567; Bishan 1-' --t Iii-)' ... _.. .. _.... .. ..,. GHUREY LAL v. STATE OF U.P. 505;

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: judgment passed by the High Court is set aside

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 313, 378, 386, 417; Indian Penal Code, 1860 — ss. 302, 307, 323, 324.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

Another 2 relationships are under human verification and not counted above.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Later judgments that treat this case

Why is this linked?

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