IQBAL ABDUL SAMIYA MALEK Vs STATE OF GUJARAT
Bench: P. SATHASIVAM,RANJAN GOGOI
Case number: Crl.A. No.-001584-001584 / 2012
Diary number: 38553 / 2011
Advocates: MANOJ K. MISHRA Vs
HEMANTIKA WAHI
Page 1
REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1584 OF 2012 (@ SPECIAL LEAVE PETITION(CRL.)NO. 3583 OF 2012)
IQBAL ABDUL SAMIYA MALEK ....APPELLANT(S)
VERSUS
STATE OF GUJARAT ....RESPONDENT(S)
WITH
CRIMINAL APPEAL NO.1585 OF 2012 (@ SPECIAL LEAVE PETITION (CRL.) NO. 6260 OF 2012)
HENNO @ ANWARALI AMIR MALEQ & ORS. ...APPELLANT(S)
VERSUS
STATE OF GUJARAT ...RESPONDENT(S)
O R D E R
Heard both sides.
Leave granted.
It is the grievance of the appellants/accused that
when they filed regular appeal before the High Court
challenging the conviction under Section 302 IPC and sentence
of life imprisonment, the High Court without going into all
the materials including oral and documentary evidence
disposed of their appeal affirming the judgment of the Trial
Court.
In view of the above contention, we have gone
through the impugned judgment of the High Court. As rightly
pointed out by the learned counsel appearing on behalf of the
appellants, after narrating the case of the prosecution and
...2/-
Page 2
-2-
the defence as well as the order of the Sessions Judge
convicting the appellants, without adverting to all the
materials, the High Court has merely disposed of the appeal.
The procedure followed by the High Court in a matter of this
nature is not acceptable. Elaborate procedures have been
prescribed under Section 386 of Crl.P.C. for disposal of the
appeal by the Appellate Court.
It is the duty of an Appellate Court to look into
the evidence adduced in the case arrive at an independent
conclusion as to whether the said evidence can be relied upon
or not and even it can be relied upon then whether the
prosecution can be said to have proved beyond reasonable
doubt on the said evidence. The credibility of a witness has
to be adjudged by Appellate Court in drawing inference from
proved and admitted facts. Further appeal cannot be disposed
of without examining records/merits (Vide Padam Singh Vs.
State of U.P., AIR 2000 SC 361 and Bani Singh & Others Vs.
State of U.P. 1996 (4) SCC, 720 . The said recourse has not
been followed by the High Court.
In view of the same, without expressing anything on
the merits of the claim of either party, we set aside the
impugned judgment of the High Court and remit it to the High
Court. We request the High Court to restore the appeal on its
file and dispose of the same as early as possible preferably
within a period of six months.
Learned counsel for the appellants has brought to
our attention to the fact that the appellants are in jail for
a period of more than 11 years and seek for an order of bail
from this Court.Since we are now remitting the matters to the
...3/-
Page 3
-3-
High Court, the appellants are free to make such claim before
the High Court.
With the above observation, the appeals are disposed
of.
..................J. [P. SATHASIVAM]
NEW DELHI ..................J. 1ST OCTOBER, 2012 [RANJAN GOGOI]