Supreme Court of India
Kanubhai Bhagvanbhai Nayak v. State of Gujarat
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What the Court ordered
In view of the foregoing discussion, the appeal succeeds and is accordingly allowed.
Judgment, page 4
From the headnote
Penal Code, 1860: s.302 – Conviction under s.302 by trial court – High Court confirmed conviction and sentenc e – Appeal against conviction on the ground that in the order of High Court, there was neither any reference of any evidence, nor it s application and nor there was any discussion much less finding in the impugned order – Held: In view of the powers of the Appellate Court under s.386(b), Cr.P. ., the High Court ought to have exa mined the evidence of each prosecution witnesses on issues arising in th e case and the same should have been examined in the light of the chall enge made by
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