Singh & Ors Vs. Bhajan Singh & Ors  INSC 876 (27 November 1997)
NANAVATI, V.N. KHARE
27TH DAY OF NOVEMBER, 1997.
Mr. Justice G.T. Nanavati Hon'ble Mr. Justice V.N. Khare U.R.Lalit, Sr. Adv., Ranjit
Kumar, Chandra Bhushan pd., Anup G. Choudhary, Ashok Kr. Singh, U.N. Singh,
P.N. Gupta, H.S.
J. Buttar, Alok Mahajan, Advs. with him for the appearing parties.
following Judgment of the Court was delivered:
CRIMINAL APPEAL NO. 738/91 Nanavati. J, The three appellants were tried alongwith
13 other accused for various offences alleged t o have been committed by them
one of them being the offence punishable under Section 302 IPC. The trial court
convicted appellant No. 1 only and acquitted the other accused including
appellant Nos. 2 and 3. Against his conviction, appellant No. 1 has filed an
appeal in the High Court and it is still pending.
the acquittal of appellant No. 1 for the offence punishable under Section 302
and against the acquittal of rest of the accused, Bhajan Singh and Pritam
Singh, who are original informant and his brother respectively, filed a
Revision petition before the High Court.
appears that the appeal and the Revision petition were heard together and the
judgment in both the cases was reserved. Thereafter, the High Court thought it
fit to dispose of the Revision petition filed by Bhajan Singh and Pritam Singh
but kept the appeal filed by After singh Pending till the retrial ordered by
the High Court is over.
the three accused against whom an order of retrial is passed have approached
contended by the learned counsel for the appellant that the order passed by the
High Court is illegal inasmuch as retrial could not have been ordered without
setting aside the judgment passed by the trial court. As the appeal filed by
the appellant No. 1 is pending in the High Court, we do not propose to say
anything also except that the order passed by the High Court is clearly
illegal. As retrial could not have been ordered without setting aside the order
of the trial court, on that short ground alone, we allow this appeal and set
aside the judgement and order passed by the High Court.
view of this order, Crl. A. No. 738/91 preferred by appellant Nos. 2 and 3 will
not survive. Both the appeals are disposed of accordingly.
High Court shall now proceed to hear the appeal filed by appellant No. 1 and
dispose of the same on merits.