GURPRIT SINGH ALIAS BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The trial Court convicted the appellants for offences under Ss. 302/149 and 148, I. P. C. and sentenced them to suffer imprisonment for life for offence under S. 302/149 and to pay a fine of Rs. 1,000/- each and in default to further undergo 3 months R. I. They were also sentenced to undergo six months R. I. for offence under S. 148, I. P. C. Both the sentences of imprisonment were, however, directed to run concurrently. The appellants filed two separate appeals in the High Court of Madhya Pradesh, Bench at Indore against their conviction and sentence. Those appeals came to be heard by a Division Bench of that Court and the same were dismissed vide order dated 10th May, 2000. The appellants have challenged the order of the Division Bench.

(3.) We have perused the judgment of the High Court. Apart from narrating prosecution case, the High Court has not dealt with the case properly as the first Court of appeal. The High Court did not even consider, let alone discuss the evidence led during the trial. The observations of the Division Bench to the effect that, "Some of the eye-witnesses have turned hostile while the others supported the prosecution story which is in its turn supported by the documentary and expert evidence and some Panchanamas", which appear to have influenced the High Court to dismiss the appeals are too cryptic and telegraphic. While dismissing the appeals of the appellants the High Court observed in the last paragraph as under :