NIRBHAY SINGH versus STATE OF MADHYA PRADESH
A summary dismissal of the accused's appeal against conviction does not bar the State from appealing against acquittal for a major offence, as the State was not given an opportunity to be heard and no express or implied prohibition arises from the Code of Criminal Procedure.
- Parties
- Appellant: Nirbhay Singh; Respondent: State of Madhya Pradesh
- Jurisdiction
- India
- Judgment Date
- 30 October 1968
- Procedural Posture
- Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated February 7, 1966 of the Madhya Pradesh High Court, Indore Bench, in Criminal Appeal No. 127 of 1965
- Outcome
- Appeal dismissed
- Legal Topics
- Appeals, Acquittal, Conviction, Summary Dismissal, Merger of Judgment, Code of Criminal Procedure Ss. 369, 417, 421, 430
Case Brief
Summary, issues, holding and outcome
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Parties
Nirbhay Singh
Appellant
State of Madhya Pradesh
Respondent
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated February 7, 1966 of the Madhya Pradesh High Court, Indore Bench, in Criminal Appeal No. 127 of 1965
Legal Issues
- 1 Whether the High Court can entertain the State's appeal against acquittal for murder after dismissing the accused's jail appeal against conviction under s. 304 Part II in limine
Ratio Decidendi
A summary dismissal of the accused's appeal against conviction does not bar the State from appealing against acquittal for a major offence, as the State was not given an opportunity to be heard and no express or implied prohibition arises from the Code of Criminal Procedure.
Court Disposition
Appeal dismissed
Orders
- The appeal fails and is dismissed.
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