Bhagmal & ANR. Vs.
State of M.P. [2008] INSC 1777 (20 October 2008)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO. 1675 OF 2008 [Arising out of SLP(Crl) No.5493
of 2007] BHAGMAL & ANR. .......APPELLANT(S) Versus
ORDER Leave granted.
1.
Heard
counsel on both sides.
2.
Eleven
accused including the appellants herein (who were accused No.6 and 11) were
prosecuted for offences under Section 302/149, 324/149 and 323 IPC. The trial
Court convicted and sentenced them to life imprisonment. All the accused filed
an appeal before the High Court. When the appeal was listed for hearing on
6.6.2006, none appeared for the appellants-accused. The High Court heard the
learned Deputy Advocate General appearing for the State and disposed of the
appeal by confirming the conviction and sentence of the appellants (accused
No.6 and 11) under Section 302 IPC, and conviction of accused No.3 under
Section 323 IPC. It acquitted the other accused.
Feeling aggrieved,
accused No. 6 and 11 have filed this appeal by special leave.
3.
None
appeared for any of the accused at the time of hearing before the High Court.
In the circumstances, the ......2.
-2- appellants'
conviction has been affirmed without an opportunity to put forth their case in
the appeal. The High Court ought to have given an opportunity or made
arrangement for their representation.
4.
In
view of the above, the judgment of the High Court is set aside insofar as
appellants (accused No.6 and 11) are concerned and the matter is remitted to
the High Court for fresh disposal after giving due opportunity of hearing to
accused No.6 and 11, or after appointing an amicus curiae to put forth their
case. Appeal is, accordingly, disposed of.
...........................J.
( R.V. RAVEENDRAN )
...........................J.
New
Delhi;
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