Criminal Appeal No. 1584 of 2012 (Arising out of Special Leave Petition (Crl.) No. 3583 of 2012). Case: 1. Iqbal Abdul Samiya Malek, 2. Henno alias Anwarali Amir Maleq and Ors. Vs State of Gujarat, [Alongwith Criminal Appeal No. 1585 of 2012 (Arising out of Special Leave Petition (Crl.) No. 6260 of 2012)]. Supreme Court (India)
| Case Number | Criminal Appeal No. 1584 of 2012 (Arising out of Special Leave Petition (Crl.) No. 3583 of 2012) |
| Counsel | For Appellant: Manoj K. Mishra, Deepak Mishra, V.K. Mishra and Shivpati B. Pandey, Advs. and For Respondents: K. Enatoli Sema, S. Panclu and Hemantika Wahi, Advs. |
| Judges | P. Sathasivam and Ranjan Gogoi, JJ. |
| Issue | Indian Penal Code - Section 302; Code of Criminal Procedure (CrPC) - Section 386 |
| Citation | 2012 (3) ACR 3348, 2013 (1) ALT (Cri) SC 41, 2013 CriLJ 745, JT 2012 (11) SC 77, 2013 (1) RCR 635 (Cri), 2012 (10) SCALE 53, 2012 (11) SCC 312 |
| Judgement Date | October 01, 2012 |
| Court | Supreme Court (India) |
Order:
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Heard both sides.
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Leave granted.
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It is the grievance of the Appellants/accused that when they filed regular appeal before the High Court challenging the conviction under Section 302 Indian Penal Code and sentence of life imprisonment, the High Court without going into all the materials including oral and documentary evidence disposed of their appeal affirming the judgment of the Trial Court.
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In view of the above contention, we have gone through the impugned judgment of the High Court. As rightly pointed out by the learned Counsel appearing on behalf of the Appellants, after narrating the case of the prosecution and the defence as well as the order of the Sessions Judge convicting the Appellants, without adverting to all the materials, the High Court has merely disposed of the appeal. The procedure followed by the High Court in a matter of this nature is not acceptable. Elaborate procedures have been prescribed under Section 386 of Code of Criminal Procedure for disposal of the appeal by the Appellate Court.
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It is the duty of an Appellate Court to look into the evidence adduced in the case arrive at an independent conclusion as to whether the said evidence can be relied upon or not and even it can be relied upon then whether the prosecution can be said to have proved beyond reasonable doubt on the said evidence. The credibility of a witness has to be adjudged by Appellate Court...
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