DAGADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal by special leave the appellant has been convicted under Section 302 Indian Penal Code and sentenced to imprisonment for life. After having gone through the judgment of the Sessions Judge and the grounds taken by the appellant in his appeal by special leave we are satisfied that this case does raise some arguable points which merit serious consideration by the High Court. We would like to point out that although under Section 421 of the Code of Criminal Procedure, 1898 (which is Section 384 of the Code of Criminal Procedure, 1973) the High Court has the undoubted power to summarily dismiss a first appeal against conviction of an accused yet in very serious cases like those under Section 302 Indian Penal Code, or other cases where death or life imprisonment can be awarded, the High Court should consider the appeal on merits instead of dismissing it summarily, unless the evidence is so clear and cogent, reliable and creditworthy that on the face of it no case for the barest consideration is made out. This Court in Govinda Kadtuji Kadam v. State of Mah., (1970) 1 SCC 469 : (AIR 1970 SC 1033), while laying down the guidelines for dismissing an appeal summarily observed as follows :

(2.) We, therefore, hold that even if the High Court chooses to dismiss the appeal summarily some brief reasons should be given so as to enable this Court to judge whether or not the case requires any further examination. If no reasons are given then the task of this Court becomes onerous inasmuch as we have to perform the function of the High Court itself by reappraising the entire evidence resulting in serious harassment and expense to the accused. In these circumstances, we set aside the order of the High Court dismissing the appeal and direct the High Court to re-admit the appeal and hear it according to law within three months from today, as far as practicable. As the case is a very old one the High Court should give top priority to this case. The entire record and the paper books which have been prepared in this Court should be sent to the High Court which has only to hear the counsel for the parties and decide the case.