(N.V. Ramana and S. Abdul Nazeer, JJ.)
State of Uttar Pradesh ________________________________ Appellant;
v.
Golli and Another _______________________________ Respondent(s).
Criminal Appeal No. 1 of 2018 [Arising out of S.L.P. (Crl.) No. 3288 of 2016], decided on January 4, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal is directed against the final order dated 15.7.2015 passed by the High Court of Judicature at Allahabad in Government Appeal No. 2068 of 2015.
3. Briefly, the prosecution case is that Crime No. 87 of 2009 was registered against the respondents in FIR lodged by the informant (PW 1) at Adarsh Mandi police station, Shamli to the effect that on 11th March, 2009 the respondents, forming into an unlawful assembly with some other unknown assailants, attacked his son with knives and hocky sticks causing serious injuries leading to the death of the victim. In pursuance thereof, investigation was carried out and the accused respondents were charged under Sections 147, 148 and 304/149, IPC and Section 24(4) of the Arms Act. On their denial of having committed the offence, the case was committed for trial. However, the trial Court came to the conclusion that the charges against the accused respondents were not proved beyond reasonable doubt and acquitted them.
4. Having been aggrieved by the trial Court’s judgment acquitting the accused, the State went in appeal before the High Court and by the judgment impugned herein, the same was dismissed by the High Court. Aggrieved by the order of the High Court, the present appeal is filed by the State.
5. Before us, the prime contention of learned counsel for the State is that without going into the merits of the case the High Court has dismissed its appeal, not even considering the law or assigning proper reasons for dismissal which is contrary to the established principles. There was substantial material evidence on record to establish the guilt of the accused, but the trial Court did not appreciate the same in proper perspective whereas the High Court failed to take into account the evidences available on record.
6. It appears from the impugned judgment that the High Court passed the order rejecting the appeal of the State in a casual manner. In our opinion, the High Court ought to have passed a reasoned order in the light of facts and circumstances of the case. On going through the impugned judgment as well as other material on record, we are of the view that the matter deserves to be remitted back to the High Court for reconsideration and a speaking order. Accordingly, we remit the matter back to the High Court with a request to take up the matter afresh and dispose of the same as early as possible, after affording to the parties opportunity of being heard.
7. We make it clear that we have not expressed any opinion on the merits of the case in one way or the other. The High Court is requested to dispose of the matter on its own merits without being influenced by any of the observations made by us in this order.
8. The appeal stands disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3288/2016
State of Uttar Pradesh _______________________________ Petitioner
v.
Golli @ Ankur & Anr _____________________________ Respondent(s)
(FOR EXEMPTION FROM FILING O.T. ON IA 7383/2016)
Date : 04-01-2018 This matter was called on for hearing today.
(Before N.V. Ramana and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. Mrinmay Bhattmewra, Adv.
Mr. Rohit Kumar Pandey, Adv.
Mr. Sanjay Kumar Tyagi, AOR
For Respondent(s) Ms. Pooja Dhar, AOR
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is disposed of in terms of the signed order.
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