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Subbaiah Ambalam Vs. State of Tamil Nadu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 49 of 1976
Judge
Reported inAIR1977SC2046; 1977CriLJ1736; (1977)4SCC603b
ActsIndian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 374
AppellantSubbaiah Ambalam
RespondentState of Tamil Nadu
Excerpt:
.....- section 374 of criminal procedure code, 1973 and section 302 of indian penal code, 1860 - death sentence confirmed by high court challenged - while confirming high court bound to consider evidence adduced and arrive at independent finding with regard to guilt of accused - judgment of high court containing no discussion of evidence adduced - confirmation order invalid and set aside. - labour & services dismissal from service: [dalveer bhandari & j.m. panchal,jj] gujarat civil services (discipline and appeal) rules (1971), r.6-dismissal from service-punishment of proportionality-disciplinary proceeding against food inspector he had flouted order of transfer, deliberately remained absent without leave and indulged in gross indiscipline appellant was given full opportunity to defend..........discussion of the evidence adduced in the case and the learned judges have disposed of the evidence by two sentences which read as under:they swore that they saw the occurrence themselves. the learned sessions judge has accepted their evidence and on a careful perusal of their evidence, we agree with him.3. it is well settled that in a reference under section 374 of the crpc for confirming death sentence, the high court has to consider the evidence afresh and to arrive at its independent finding with regard to the guilt of tike accused. we are distressed to find that to the judgment appealed against this statuary requirement has not been complied with and a case involving death sentence has been disposed of in a casual manner. we therefore accept the appeal, set aside the judgment of.....
Judgment:

H.R. Kanna, J.

1.This is an appeal by special leave by Subbaiah Amba lam against the judgment of the Madras High Court confirming on appeal and reference the conviction of the appellant under Section 302, I.P.C. and the sentence of death.

2. We have heard the learned Counsel for the parties and are of the opinion that this is a fit case in which the matter should be remand ed to the High Court for re-hearing of the appeal and reference. The judgment of the High Court appeal ed against covers less than a page. There is no discussion of the evidence adduced in the case and the learned Judges have disposed of the evidence by two sentences which read as under:

They swore that they saw the occurrence themselves. The learned Sessions Judge has accepted their evidence and on a careful perusal of their evidence, we agree with him.

3. It is well settled that in a Reference under Section 374 of the CrPC for confirming death sentence, the High Court has to consider the evidence afresh and to arrive at its independent finding with regard to the guilt of tike accused. We are distressed to find that to the judgment appealed against this statuary requirement has not been complied with and a case involving death sentence has been disposed of in a casual manner. We therefore accept the appeal, set aside the Judgment of the High Court and remand the case to the High Court for disposal in accordance with law.


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