Penal Code, 1860: s.302 – Conviction under s.302 by trial court – High Court confirmed conviction and sentence – Appeal against conviction on the ground that in the order of High Court, there was neither any reference of any evidence, nor its 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.C., the High Court ought to have examined the evidence of each prosecution witnesses on issues arising in the case and the same should have been examined in the light of the challenge made by the accused in appeal and then recorded a finding either of affirmation or modification or reversal, as the case may be – It was incumbent upon the High Court to deal with issues urged and then record its finding one way or the other keeping in view the law – Impugned order is set aside and matter remitted to High Court for fresh consideration – Code of Criminal Procedure, 1973 – s.386(b). Allowing the appeal and remanding the matter to High Court, the Court
HELD: 1. The High Court neither discussed any issue arising in the case nor appreciated the evidence and nor recorded its findings on any of the issues arising in the case and urged by the appellant. Mere perusal of the impugned order indicated that the High Court first set out the post mortem report and on its perusal observed that the injuries on the body of the deceased revealed that the death was homicidal leading to murder. The Court then observed that the evidence led by “various witnesses” revealed that it was the accused who was present at the scene of the offence and carried the attack on deceased. The High Court then observed that since the Additional Sessions Judge had “minutely examined” all the evidence led by the prosecution and has given cogent and convincing reasons, the High Court is in complete agreement with the view taken by the Additional Sessions Judge. It is only with this narration of facts, the High Court dismissed the appeal. [Para 9][454-F-H]
2. In view of the powers of the Appellate Court under Section 386 (b) of the Code of Criminal Procedure, 1973, the High Court should have examined the evidence of each prosecution witnesses on issues arising in the case and the same should have been examined in the light of the challenge made by the accused in appeal and then a finding should have been recorded either of affirmation or modification or reversal, as the case may be. [Para 10][455-A-B]
3. The High Court, is empowered in its appellate jurisdiction to examine the issues of facts and law while examining the legality and the correctness of the impugned order. It is equally incumbent upon the Division Bench to deal with issues urged and then record its findings one way or the other keeping in view the law laid down by this Court which governs the issues. [Para 12][455-C-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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