Full Judgment Text
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PETITIONER:
ALIJAN NANHE PEHALWAN QURESHI
Vs.
RESPONDENT:
STATE OF MAHARASHTRA
DATE OF JUDGMENT10/11/1980
BENCH:
KRISHNAIYER, V.R.
BENCH:
KRISHNAIYER, V.R.
KOSHAL, A.D.
CITATION:
1981 AIR 645 1981 SCR (1)1194
1981 SCC (1) 415
ACT:
Procedure-High Court’s judgment-In cases where severe
sentence had been inflicted by the trial court. High Court
must give a reasoned judgment
HEADNOTE:
In so serious a crime as murder where so severe a
sentence as life imprisonment has been inflicted by the
trial court and the appeal is as of right, the High Court
must indicate in a reasoned judgment that it has applied its
mind to the material questions of fact and law. A judgment
may be brief but not a blank especially in a situation such
as this. [1194 F-G]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Special Leave Petition
(Crl.) No. 1620 of 1980.
From the Judgment and order dated 13-11-1979 of the
Bombay High Court in Criminal Appeal No 1310 of 1979.
Pramod Swarup for the Petitioner.
M. C. Bhandare and M. N. Shroff for the Respondent.
The order of the Court was delivered by
KRISHNA IYER J.-We were not happy at the disposal by
the High Court of a case under s. 302 I.P.C. without a
speaking order. After all in so serious a crime as murder,
where so severe a sentence as life imprisonment has been
inflicted by the trial court and the appeal is as of right,
the High Court must indicate in a reasoned judgment that it
has applied its mind to the material questions of fact and
law. A judgment may be brief but not a blank, especially in
a situation such as this. For this reason we should have
straightaway set aside the judgment of the High Court and
sent it back for fresh hearing, but under Article 136 where
justice is the paramount consideration we wanted to reduce
the delay in the proceedings since there is a sentence of
life imprisonment on the petitioner so we directed that the
original record be sent for so that counsel on both sides
may
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have the opportunity to peruse the entire case records and
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make submissions to us as if we were hearing the appeal in
the regular course. Counsel have had that facility and have
made submissions after perusal of the materials. After a
brief hearing counsel for the petitioner was unable to
demonstrate that the trial court’s judgment was vitiated by
any flaw in appreciation of evidence or assessment of
probabilities. We, therefore, dismiss the Special Leave
Petition after satisfying ourselves that natural justice has
had its full play. Dismissed.
P.B.R. Petition dismissed.
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