CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 313 of 1974.
Appeal by Special Leave from the Judgment and Order dated 23-7-1973 of the Bombay High Court in Crl. Appeal No. 759/73.
Harjinder Singh for the Appellant.
O.P. Rana and R.N. Podar for the Respondent.
The Order of the Court was delivered by
FAZAL ALI, J. In this appeal by special leave the appellant has been convicted under section 302 Indian Penal Code and sentenced to imprisonment for life. After having gone through the judgment of the Sessions Judge and the grounds taken by the appellant in his appeal by special leave we are satisfied that this case does raise some arguable points which merit serious consideration by the High Court. We would like to point out that although under section 421 of the Code of Criminal Procedure, 1898 which is section 384 of the Code of Criminal Procedure, 1973 the High Court has the undoubted power to summarily dismiss a first appeal against conviction of an accused yet in very serious cases like those under section 302 Indian Penal Code, or other cases where death or life imprisonment can be awarded, the High Court should consider the appeal on merits instead of dismissing it summarily, unless the evidence is so clear and cogent, reliable and creditworthy that on the face of it no case for the barest consideration is made out. This Court in Govinda Kadtuji Kadam and Ors. v. State of Maharastra while laying down the guidelines for dismissing an appeal summarily observed as follows:
"The summary decision is accordingly a judicial
decision which vitally affects the convicted appellant
and in a fit case it is also open to challenge on
appeal in this Court. An order summarily dismissing an
appeal by the word ’rejected’, as is the case before
us, though not violative of any statutory provision
removes nearly every opportunity for detection of
errors in the order. Such an order does not speak and
is inscrutable giving no indication of the reasoning
underlying it. It may at times embarrass this Court
when the order appealed against prima facie gives rise
to arguable points which this Court is required to
consider without having the benefit of the views of the
High Court on those points. In our opinion, therefore,
when an appeal in the High Court raises a serious and
substantial point which is prima facie arguable it is
improper for that Court to dismiss it summarily without
giving some indication of its view on the points
raised." To the same effect is the later decision of this Court in Sita Ram and Ors. v. State of U.P. where this Court reiterated as follows:
"The order summarily dismissing an appeal by the
High Court by the word ’rejected’ is not violative of
any statutory provision. While holding that a summary
rejection of the appeal by the High Court is not
violative of any statutory provision, this Court
pointed out that it is desirable that reasons are
recorded by the High Court when prima facie arguable
issues have been raised as that would enable the
Supreme Court to appreciate the reasons for rejection
of the appeal by the High Court."
We, therefore, hold that even if the High Court chooses to dismiss the appeal summarily some brief reasons should be given so as to enable this Court to judge whether or not the case requires any further examination. If no reasons are given then the task of this Court becomes onerous inasmuch as we have to perform the function of the High Court itself by reappraising the entire evidence resulting in serious harassment and expense to the accused. In these circumstances, we set aside the order of the High Court dismissing the appeal and direct the High Court to re-admit the appeal and hear it according to law within three months from today, as far as practicable. As the case is a very old one the High Court should give top priority to the case. The entire record and the paper books which have been prepared in this Court should be sent to the High Court which has only to hear the counsel for the parties and decide the case. V.D.K. Appeal allowed.