JANGBALI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Delay condoned. Heard the learned counsel for the appellants and the counsel appearing for the State of Madhya Pradesh. While issuing notice the court had indicated that the State should indicate reasons as to why matter should not be remitted to the High Court for re-disposal of the appeal, as it was found that the High Court as the Court of Appeal has not discussed the evidence on record except stating that the reasons indicated by the learned Sessions Judge are appropriate. When an appeal is preferred against a judgment of conviction and sentence, the Appellate Court is duty bound to re-appreciate the evidence and form its own conclusion on the reliability of the evidence on which the prosecution case hinges. A bare perusal of the impugned judgment would indicate that the high Court has failed to discharge the same obligation. In the circumstances, we set aside the impugned judgment of the High Court and remit the matter to the High Court for re-disposal of the criminal appeal in accordance with law. The appeals are accordingly allowed.