RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted.

(2.) After hearing learned counsel for the parties we find it necessary to remit the appeal to the High court so far as appellant Ram Karan isconcerned for a decision afresh after hearing the parties on merits, The high court has affirmed his conviction for an offence under S. 302 of the Indian Penal Code observing, "so far as appellant Ram Karan is concerned, there is sufficient evidence oral or otherwise to connect him with ,the brutal murder committed in this incident". There is no effort to discuss the evidence at all. Accordingly, the appeal succeeds and is allowed, and the judgment and sentence passed by the High court dismissing the appeal of the appellant Ram Karan are set aside. The case is accordingly remanded to the High court for a fresh decision in accordance with law.

(3.) The appeal is disposed of accordingly.