State Of H.P vs Naresh Kumar @ Kaka & Ors

Naresh Kumar @ Kaka & Ors. .....Respondents

JUDGMENT

Dr. ARIJIT PASAYAT,J.

Challenge in this appeal is to the judgment of a Division Bench of the

Himachal Pradesh High Court directing acquittal of the respondents who faced

trial of alleged commission of offences punishable under Section 302 read with

Section 34 and 323 read with 34 of the Indian Penal Code, 1860 (in short, 'the

IPC').

Learned Sessions Judge, Hamirpur had found the present respondent-

accused persons guilty and had convicted each one of them and sentenced to

imprisonment for life and to pay fine of Rs.2000/- with default stipulation.

Learned Sessions Judge, however, acquitted the co-accused Sunil Kumar.

We need not deal with the factual aspects in detail because we find that

the High Court has not analysed the evidence in detail. It has come to certain

abrupt conclusions about the prosecution version being not credible. Since the

High Court was upsetting a judgment of the Trial Court which has been rendered

after analysing the evidence, the casual manner in which the appeal was

disposed of allowing the appeal filed by the present Crl.A.No.1202/03 .... (contd.)

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respondent-accused persons was certainly not the proper course to be adopted.

Therefore, without expressing any opinion on merit, we set aside the

impugned judgment and remit the matter to the High Court for fresh

consideration.

Since the matter is pending since long, we request the High Court to

explore the possibility of disposing of the appeal as early as practicable and

preferably by the end of September 2009.

After the acquittal when this Court granted leave, the respondents were

not in custody and bailable warrants were issued. They will continue to be so till

the disposal of the matter afresh by the High Court.

The appeal is allowed accordingly.

Sd/-

..........................J. [Dr. ARIJIT PASAYAT]

Sd/-

..........................J. [ASOK KUMAR GANGULY] New Delhi.

April 22, 2009.