Shivanagoud Chanegoud Patil & Ors. Vs. State of Karnataka [2010] INSC 47 (14 January 2010)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 109 OF 2010 (Arising out of SLP(Crl.) No.2160/2009) SHIVANAGOUD CHANEGOUD PATIL AND ORS. Appellant(s) :VERSUS:

STATE OF KARNATAKA Respondent(s)

O R D E R

Delay condoned. Leave granted.

This 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.

The 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.

-2- The 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.

In the 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.

Learned 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.

With the aforementioned observation and direction this appeal is disposed of.

.....................J (DALVEER BHANDARI)

.....................J (A.K. PATNAIK)

New Delhi;

January 14, 2010.

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