Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973-Section 378(3)-Trialfor offences under /PC-Decision of trial Court-Application uls 378(3)-Summary dismissal by High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973-Section 378(3)-Trial for offences under IPC-Decision of trial Court-Application u/s 378(3)-Summary dismissal by High Court-On appeal, held: In the facts of the case trial Court did not appraise the entire evidence-On account of such lapse High Court ought to have re-appreciated the entire evidence independently-Absence of reasons has rendered the High Court order not sustainable-Penal Code, 1860. Judgement-Reasons-Recording-Requirement for-Held: Right to reason is an indispensable part of sound judicial system-It is requirement of principle of natural justice-Reasons introduce clarity in an order-Principles of Natural Justice-Administrative Law. Respondents-accused were tried for offences punishable u/ss. 148, 302, 452, 506, 323 r/w Section 149 IPC. Trial Court held that only some of the accused persons were responsible for the act. Assault by one accused was an individual act and he was guilty of offence punishable u/s. 304 Part II IPC; that the other two accused were liable to be convicted for offences punishable u/ss. 452 and 323 r/w Section 34 IPC; and that since the total number of persons proved to have committed the offences was only three, provisions of Section 149 were not attracted. Rest of the accused were acquitted. Application of the State in terms of Section 378 Cr.P.C. was dismissed by High Court without giving any reasons thereto. Hence the present appeal by the State inter alia questioning the manner of disposal of the application by the High Court. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 66 |
Petitioner | State Of Haryana |
Respondent | Ram Pal And Ors. |
SCR | [2005] 1 S.C.R. 1112 |
Judgement Date | 2005-02-07 |
Case Number | 234 |
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