Akbar Irfan & Ors. Vs. State of Karnataka  INSC 25 (8 January 2010)
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 51 OF 2010 (Arising out of SLP(Crl.)
No.6347/2009) SYED AKBAR IRFAN AND ORS. Appellant(s) :VERSUS:
KARNATAKA Respondent(s) O R D E R Leave granted.
appeal is directed against the judgment and order dated 11.6.2009 passed by the
High Court of Karnataka, Circuit Bench at Gulbarga, passed in Criminal Appeal
No.565 of 2005.
appellants herein were charged and tried for the commission of offences
punishable under Sections 427, 324, 504, 506 and 307 read with Section 34 of
the Indian Penal Code. On careful examination of the oral and documentary
evidence on record and the case properties, the Trial Court acquitted all the
-2- On an
appeal filed by the State, the High Court by the impugned judgment set aside
the order of acquittal and convicted the appellants for commission of offence
punishable under Section 324 read with Section 34 of the Indian Penal Code and
sentenced them to pay a fine of Rs.5,000 each, in default of payment of fine
they were directed to undergo simple imprisonment for four months.
appellants were further sentenced to pay a fine of Rs.2,500/- each under Section
427 read with Section 34 of the Indian Penal Code, in default to suffer simple
imprisonment for four months.
the fine amount totalling to Rs.30,000/-, PW-11 Habeeb Mojam and PW-12 Mohd.
Miraj, who are said to have suffered injuries, were directed to be paid
compensation for a sum of Rs.25,000/- and Rs.5,000/- respectively.
heard the learned counsel for the parties.
of the facts and circumstances of this case, we are of the opinion that the
High Court being the appellate Court in this case, has not considered the
questions of law and facts after critical scrutiny of the -3- evidence on
record. The impugned judgment, therefore, cannot be sustained which is
accordingly set aside and the matter is remitted to the High Court for deciding
the criminal appeal afresh after hearing the parties and considering the
evidence adduced by them.
appeal is disposed of accordingly.
.....................J (DALVEER BHANDARI)
.....................J (A.K. PATNAIK)
January 8, 2010.