Supreme Court of India
Bakshish Ram & Another v. State of Punjab
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What the Court ordered
In view of the above discussion, we are satisfied that the prosecution failed to establish its guilt beyond reasonable doubt and the trial Court and the High Court committed an error in convicting the appellants and the same are liable to be set aside.
Judgment, page 13
From the headnote
Penal Code, 1860 - s.3048 - Dowry death - Conviction by courts below - On appeal, held: Prosecution failed to establish its case beyond reasonable doubt - Courts below committed an error in convicting the accused - Evidence Act, 1872 - s.113 . Evidence Act, 1872 - s.60 - Oral evidence - Based on 0 hearsay evidence - Admissibility - Held: Such oral evidence is not admissible. Appeal - Appellate jurisdiction of High Court - In criminal appeal - Held: As a first court of appeal, High Court should record its own findings after independent assessment of evidence. Appellants-accused Nos.1 and 2
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