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Vithal Kandiba Kamble and ors. Vs. State of Maharashtra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 345 of 1975
Judge
Reported inAIR1977SC1615; (1977)1SCC493; 1978(10)LC58(SC)
ActsIndian Penal Code (IPC) - Sections 147, 148, 149 and 302
AppellantVithal Kandiba Kamble and ors.
RespondentState of Maharashtra
Excerpt:
- order 20, rule 12: [tarun chatterjee & h.l.dattu, jj] mesne profits held, reduction and modification of rate of mesne profit by high court without considering evidence adduced by parties and materials on record is liable to be set aside......on the allegation that they alongwith six other persons who were then absconding had formed an unlawful assembly and in prosecution of the common object of the unlawful assembly committed the murder of one vishwanath bhusare. the sessions court convicted the appellants of the various offences charged against them and sentenced them to various terms of imprisonment, the sentence for the offence under section 302 read with section 149 being one of life imprisonment. the appellants preferred an appeal before the high court against the order of conviction and sentence recorded against them but the appeal was summarily dismissed by the high court without giving reasons. the appellants thereupon preferred the present appeal with special leave obtained from this court.2. now it does appear.....
Judgment:

P.N. Bhagwati, J.

1. The appellants were tried before the Additional Sessions Judge, Osmanabad for offences under Sections 147, 148 and 302 read with Section 149 of the I.P.C. on the allegation that they alongwith six other persons who were then absconding had formed an unlawful assembly and in prosecution of the common object of the unlawful assembly committed the murder of one Vishwanath Bhusare. The Sessions Court convicted the appellants of the various offences charged against them and sentenced them to various terms of imprisonment, the sentence for the offence under Section 302 read with Section 149 being one of life imprisonment. The appellants preferred an appeal before the High Court against the order of conviction and sentence recorded against them but the appeal was summarily dismissed by the High Court without giving reasons. The appellants thereupon preferred the present appeal with special leave obtained from this Court.

2. Now it does appear from the record that arguable points arose in the appeal before the High Court and even if the High Court found that there was no substance in them, the High Court should have given reasons why it thought that there was no substance in the appeal. The fact that the points arising in the appeal were arguable is evident from the fact that special leave has been granted by this Court. Moreover, it may be noted that subsequent to the summarily dismissal of the appeal by the High Court, five out of the remaining six persons who were alleged to have constituted unlawful assembly alongwith the appellants and who were absconding at the time when the appellants were tried, were arrested and they were convicted by the Sessions Court in a separate trial for the same offence. These persons preferred an appeal to the High Court and their appeal, we are told, has been admitted and is pending disposal before the High Court. The evidence in the case of these persons is of the same witnesses who have given evidence in the case of the appellants. Obviously, if the appeal of these persons has been admitted by the High Court, it is difficult to see how the appeal of the appellants could be summarily dismissed. It would indeed be travesty of justice if the appeal of these persons is allowed, while the summarily dismissal of the appeal of the appellants is allowed to stand. The order passed by the High Court summarily dismissing the appeal of the appellants must, therefore, be set aside.

3. We accordingly allow the present appeal, set aside the order of summary dismissal passed by the High Court and remand the case to the High Court so that the High Court may admit the appeal, issue notice to the State and after hearing the parties, dispose of the appeal in accordance with law. We hope and trust that the High Court will take steps to dispose of the appeal at an early date.


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