SC sets aside HC order, says first appeal in murder case can’t be dealt with in this fashion

During the trial, the accused had denied the allegations against him and claimed that he was falsely implicated. The high court, in its order, had said that the prosecution had proved its case against the accused beyond reasonable doubt and there was no reason to interfere with the well-reasoned judgment of the trial court.

Taking exception to the manner in which the Punjab and Haryana High Court had passed an order upholding the conviction and life sentence awarded to a man, the Supreme Court has said any first appeal in a murder case cannot be dealt in this way.

The apex court noted that in the high court’s March 2020 order, the conclusion was recorded in a paragraph in “four lines in general terms” to dismiss the appeal filed by the appellant, who is stated to be over 80-year-old A bench of justices S K Kaul and M M Sundresh, which allowed the appeal filed by the man who had challenged the high court order, remitted the matter back for consideration before the high court.

“The appeal before the high court was against the conviction under section 302 (murder) of the IPC (Indian Penal Code) and by the impugned order dated March 2, 2020 after noticing the testimony of the witnesses, the conclusion is recorded in para 15 in four lines in general terms to dismiss the appeal,” the bench said in its January 6 order.

“We do believe that a first appeal in a murder case cannot be dealt with in this fashion,” the top court said while setting aside the high court order.

The apex court made it clear that since it had earlier exempted the appellant from surrendering and he is “stated to be more than 80 years of age and has been on bail in the proceedings before the high court”, he would continue to be on bail, subject to the terms set out in the April 22, 2020 order.

It said the terms set out earlier would be modified to the extent that the appellant would report to the local police station in the forenoon on the first Monday of every month.

The man had earlier approached the high court challenging the October 2005 order of a sessions court in Bhiwani which had convicted and sentenced him to undergo a life term in the case.

According to the prosecution, the accused had inflicted a blow with an axe on a man in October 2003 and had fled the spot.

The victim had died on the spot, the police had said, claiming that a quarrel had taken place between the accused and the deceased after consuming liquor four days ago. During the trial, the accused had denied the allegations against him and claimed that he was falsely implicated. The high court, in its order, had said that the prosecution had proved its case against the accused beyond reasonable doubt and there was no reason to interfere with the well-reasoned judgment of the trial court.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)