SHANKER Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision from an order dismissing the appeal of the accused and upholding his conviction and sentence under Section 454, I.P.C. The judgment of the appellate Court is as follows: The case has been carefully triad, and after examining the evidence I am fully satisfied that Shanker, appellant, took part in the burglary. The appeal is dismissed.

(2.) This judgment, with the exception of giving a revisional Court an idea that the accused was charged with an offence of burglary, does not show anything more. The first point taken in revision is that this judgment is not in accordance with law inasmuch as it does not comply with the provisions of Section 367, Criminal P.C. That section requires that a judgment shall contain the point for determination, the decision thereon and the reasons for the decision. The dismissal of the appeal was not a summary one under Section 421 to which case Section 367 would not have applied. The dismissal was after it had been admitted under Section 422. 8. 424 then made the provisions of Section 367 applicable.

(3.) The question whether the expression "I am satisfied that the accused took part in the offence" amounts to giving reasons for the decision is a difficult question to answer in the abstract. It is obvious that in simple cases where the facts are clear no further reason than that the evidence is accepted by the Judge may be strictly required. In complicated cases, however specially when there are more than one question, both of law and fact, arising a mere statement of this kind will have to be accepted with difficulty as amounting to a reason for the dismissal of the appeal.