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SUPREME COURT OF INDIA JUDGEMENTS
 
Corum-CORUM OF HON'BLE JUSTICE RANJAN GOGOI AND JUSTICE P. SATHASIVAM
 
Judgement Dated:01-Oct-2012  
Criminal Appeal -1585 OF 2012
Indian Penal Code -302
IQBAL ABDUL SAMIYA MALEK ....APPELLANT(S) VERSUS STATE OF GUJARAT ....RESPONDENT(S)
 
Head Note: 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-SUPREME COURT OF INDIA-DATED: 1ST OCT 2012
 
Judgement:
                  
  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 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

High Court, the appellants are free to make such claim before the  High Court.With the above observation, the appeals are disposed 
..................J. [P. SATHASIVAM]
 ..................J. [RANJAN GOGOI]

NEW DELHI                                      
1ST OCTOBER, 2012                         




 
                  
 
                  
 
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