STATE OF RAJASTHAN Vs. KOMAL LODHA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with impugned judgment and order dtd. 11/5/2022 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Criminal Death Reference No. 6/2019 connected with D.B. Criminal Appeal (DB) No. 374/2019, by which, on remanding the matter by this Court, the Division Bench of the High Court has commuted the death penalty to life imprisonment, the State has preferred the present appeals. The State is also aggrieved of the observations made by the High Court in paragraph 42 in the impugned judgment and order.

(2.) The facts leading to the present appeals in a nutshell are as under: -

(3.) Having heard learned counsel appearing on behalf of the State and Shri K.V. Viswanathan, learned Senior Advocate appearing on behalf of the respondent - accused and having gone through the impugned judgment and order passed by the High Court, more particularly, the observations made in paragraph 42, we are of the opinion that the observations made by the High Court in paragraph 42 are absolutely unwarranted and against the judicial discipline and propriety. When this Court earlier confirmed the conviction of the accused for the offence under Sec. 302 IPC and that too after hearing learned Senior Advocate appearing on behalf of the accused, thereafter, it was not open for the High Court to make comments upon the investigation and/or on merits of the case.