AJITSINGH THAKURSINGH & ANR. v. STATE OF GUJARAT

Citation: [1981] 2 S.C.R. 509

Court: Supreme Court of India

Bench: R.S. SARKARIA, R.S. PATHAK

Case summary

, they put their heads together and decided to involve Ajit Singh and his two sons. The King(I) the Privy Council declared that the High Court must give proper weight and consideration to "such matters as (1) the view of the trial judfil' as to the credibility of the...

Judgment text

) AJITSINGH THAKURS! NGH & ANR. v. STATE OF GUJARAT January 9, 1981 [R. S. SARKARIA AND R. S. PATHAK, JJ. ] Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 -S. 2 & Indian Penal Code, S. 302 High Court setting aside order of acquillal of SeS&'iona Cpurt - Approach to be adopted by High Court in exercising appellate powera - High Court to consider whether integrality of evidence alone can •- ensure that accused are guilty. r limitation Act 1963, Art, 114 & S. 5-De/ay in filing, appeal against order of acquittal-Condonation of-Any event or circu1nstance arising after expiry of li111itation-whether can constitute 'sufficient cause'. The two appellants who were father 311. ld son alongwith another son, who was acquitted were charged with the offence of committing the murder of tho deceesed and of causing injuries to his two brothers all of whom were residing in a chaw! belonging to the first appellant.

The prosecution alleged that on the fateful day the appellants demanded payment of rent from the deceased and refuse! to make immediate payment infuriated the second appellant who infilcted two kirpan blows on him. When the deceased started running to the room of W. brothers he wa• pursued and further kirpan blows were infiictecl on him. His brothers were also atta. cked by the three accused. After the incident all the accused ran away from the place leaving their bicycles behind. The decea&ed succumbed to his injuries in the hospital and one of his brothers was admitted. as an indoor patient. The three a i·~'"