Badri vs State of Rajasthan

Leave granted.

In respect of an occurrence which took place on 26/5/1984, the trial court convicted the appellant for an offence under Section 302 Indian Penal Code vide judgment dated 21/12/1985. The appellant has also teen convicted for an offence under Sections 25/27 of the Arms Act and sentenced to suffer one year''s imprisonment. His conviction and sentence was put in issue before the High Court in appeal. On 4/9/1987 the division bench of the High court dismissed the appeal.

We have gone through the judgment of the High court and we find that after reproducing a part of the material from the judgment of the learned Sessions Judge, the only observations made by the High court while dealing with me first appeal are as follows:

"We nave examined the entire prosecution evidence and also have gone through the judgment of the learned Sessions Judge. In our opinion, the learned sessions Judge was right and justified in convicting the accused appellant under Section 302 Indian Penal Code."

In our opinion, this manner of disposal of the first appeal against the conviction and sentence specially in a case under Section 302 Indian Penal Code was not proper. The High court, being the first court of appeal, on facts and law, was required to go into the evidence and advert to the same as well as to the arguments of the learned counsel for the appellant and then pass a reasoned judgment. The cryptic judgment of the High court, therefore, cannot be sustained. We, accordingly set aside the impugned judgment of the High court and remand the case to the High court for proper disposal of the appeal Filed by the appellant against his conviction and sentence in accordance with the law.

The appellant through his counsel is directed to appeal before the High Court on 24/8/1994. We request the High court to dispose of the appeal expeditiously.