LAWS(MEGH)-2022-3-37

SPELLING KURBAH Vs. STATE OF MEGHALAYA

Decided On March 15, 2022
Spelling Kurbah Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) Before the merits of the appeal are addressed, it is the judgment of conviction that needs to be noticed.

(2.) The impugned judgment of April 30, 2019 is a classic example of what a judgment can never be. Of the 36 pages expended in coming to a conclusion that the appellant herein had committed murder and was liable to be punished therefor, no more than six lines can be said to be the consideration of the matter or the reflection of how the judicial mind was applied to the facts to arrive at the conclusion.

(3.) The first 30 pages or so of the judgment reproduces what the various witnesses said, what exhibits had been relied upon and the principal charge that was levelled against the appellant herein. After such Herculean effort, the trial court went on to record the following which indicates some application of mind, never mind the extent thereof: