RAJNIKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the High Court of Judicature at Bombay dated March 28, 1968 summarily dismissing the appellant's appeal against his conviction by the Additional Sessions Judge, Greater Bombay for offences under Sections 326 and 324, I.P.C. The High Court disposed of his appeal with one word "dismissed".

(2.) At the outset we must point out that on reading the judgment of the learned Additional Sessions Judge and the memorandum of the grounds of appeal in the High Court we felt that the summary dismissal of the appeal by the High Court with one word "dismissed" without indicating its views on the points raised in the appeal which clearly appears to us to be arguable was not right. This Court has repeatedly pointed out that when an appeal to the High Court under the Cr. PC raises some arguable points the High Court would be well advised to give some indication of the reasons for its view while repelling those points. Without having the benefit of the opinion of the High Court this Court is likely to feel embarrassed in dealing with those points on appeal by special leave. [see Mushtak Hussain v. The State of Bombay, (1953) 4 SCR 809 . and Challappa Ramaswami v. State of Maharashtra (1970) 2 SCR 426 We would like once again to emphasise that Article 136 of the Constitution does not confer a right of appeal on a party aggrieved by the decision of a High Court : it merely confers on this Court a discretionary power to interfere in suitable cases. For judicious exercise of this power this Court expects the High Courts to record speaking orders, however sketchy, even while summarily dismissing appeals which raise arguable points. Section 410, Cr.P.C., it is worth noting, confers a right of appeal to the High Court on a person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge. This right entitles the aggrieved party to challenge conclusions of facts and to claim reappraisal of evidence. It would, therefore, be conducive to the ends of justice if the High Courts were as a general rule to let this Court have the benefit of their valuable opinion in cases which raise arguable points whether on facts or on law so as to enable this Court satisfactorily to exercise its power under Article 136 and dispose of the appeal finally. In the absence of a speaking order of the High Court this Court may have to remand the cases to the High Courts for re-hearing and recording reasons for their conclusions, to the avoidable harassment of the accused persons concerned and delay in the final disposal of criminal cases. In the present appeal to avoid further delay in the disposal of the case we chose to go into the evidence ourselves-a course which normally this Court is reluctant to adopt in appeals under Article 136 because we felt that it did prima facie raise arguable points.

(3.) The appellant Rajni alias Bal Ghanshyam Gadkar was charged with an offence of attempted murder under Section 307, I.P.C. for having stabbed Namdeo Keshav Padte (P.W. 2) with a knife on June 21, 1966. In the alternative he was charged under Section 326, I.P.C. with the offence of having voluntarily caused the said Padte grevious hurt with a dangerous weapon (knife). He was further charged with three offences under Section 324, I.P.C. for having voluntarily caused in the same transaction hurts to Vasant Narayan Shinde, Promod Dattaram Chavan and to Sudam Mahadeo Khanvilkar. The trial court convicted the appellant under Section 326, I.P.C. instead of Section 307, I.P.C. for stabbing Padte and sentenced him to rigorous imprisonment for four years. It also convicted him under Section 324, I.P.G. for causing hurt to the other three persons and sentenced him to rigorous imprisonment for one and a half years for each of the three offences. All the sentences were directed to run concurrently.