Chanegoud Patil & Ors. Vs. State of Karnataka  INSC 47 (14 January
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 109 OF 2010 (Arising out of
SLP(Crl.) No.2160/2009) SHIVANAGOUD CHANEGOUD PATIL AND ORS. Appellant(s) :VERSUS:
O R D E R
condoned. Leave granted.
appeal is directed against the judgment and order dated 13th April, 2007 passed
by the High Court of Karnataka in Criminal Appeal No.1614 of 2004.
Additional Sessions Judge, Belgaum, in a double murder case, convicted the
accused A-3, A-5, A-7, A-8, A-9, A-21 and A-22 for offences punishable under
Section 302 read with Section 149, Sections 143, 147, 148, 324 and 148 of the
Indian Penal Code and sentenced them to life imprisonment and they were also
directed to pay a fine of Rs.2,000/- each and in default of payment of fine, to
undergo simple imprisonment for three months.
High Court by the impugned judgment without discussing the evidence and
examining the documents on record, upheld the conviction of A-5, A-7, A-8, A-9,
A-21 and A-22 and set aside the conviction of A-3. We hardly need to remind the
High Court that it was the first appeal before the High Court and the High
Court was under the boundened duty to consider the entire evidence and other
documents on record in detail.
circumstances, we are constrained to set aside the impugned judgment and remit
the appeal to the High Court for deciding the same afresh after closely
examining the entire evidence and other documents on record.
counsel for the appellants submits that against the acquittal of A-3, the State
has not preferred any appeal. Therefore, the remand is in respect of other
accused excepting A-3.
aforementioned observation and direction this appeal is disposed of.
.....................J (DALVEER BHANDARI)
.....................J (A.K. PATNAIK)
January 14, 2010.