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.
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.
(A.K. PATNAIK) New Delhi; January 14, 2010.