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Head Note

The Code of Criminal Procedure, 1973  - Section 385 , Section 386 , Indian Penal Code,1860  - Section 302 , The Arms Act,1959  - Section 4 , Section 25

Appeal against Conviction - Procedure to hear Appeal -- First Appellate Court is required in law to examine the case of the appellant with reference to the ground urged in the appeal and to re-appraise the evidence adduced by the prosecution witnesses - Ground urged on behalf of the appellant that PW-1 to PW-4 and PW-8 are interested witnesses and therefore, their depositions should not have been accepted to record findings of fact on the charges framed against him not considered by the High Court - Impugned judgment and order liable to be set aside -Case remanded to the High Court for its fresh disposal of the same in accordance with law on merits after affording an opportunity to the parties.

Topic(s)-Appeal against Conviction - Procedure to hear Appeal - Remand back