SANJAY ALIAS RAJ Vs. STATE

JUDGEMENT

(1.) We are extremely pained to read the impugned judgment and order dated 23.3.2010. Our pain and anguish is to the fact that various arguable points which arose for consideration and in particular the ones which had to be considered before a finding could be returned, that the credibility of PW-8 and PW-9 is of sterling quality thereby justifying the acceptance of their percipient evidence, have not been noted and hence not dealt with.

(2.) Similar situation was noted by the Supreme Court in the decision reported as 2008 (16) SCC 799 Gurram Chakravarthy (2) vs. State of AP. The matter was remanded to the High Court for adjudication as per law after considering the points which arose for consideration.

(3.) We propose to do likewise.