Chhedi Rana & Ors. Vs. State of Bihar.
EmailAppeal: Criminal Appeal No. 1393 of 1985.
Petitioner: Chhedi Rana & Ors.
Respondent: State of Bihar.
Apeal: Criminal Appeal No. 1393 of 1985.
Judges: A.P.SEN, L.M. SHARMA & M.N. VENKATACHALIAH, JJ.
Date of Judgment: Oct 12, 1987
Head Note:
PRACTICE AND PROCEDURE
Appeal on facts – Duty of High Court to see the evidence for itself and come to its own conclusion – Case remitted to High Court for decision afresh.
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. Having heard learned counsel for the parties, we are satisfied that the judgment of the High Court suffers from a serious infirmity. There is no effort to formulate the points for determination nor is there any attempt at marshalling of the evidence. The High Court failed to appreciate that on an appeal of facts it has the duty to see the evidence for itself and come to its own conclusions. There is no critical assessment or appraisal of the evidence. There is no discussion at all in the judgment. Accordingly, the appeal succeeds and is allowed. The judgment and order passed by the High Court are set aside and the appeal is remitted to the High Court for fresh disposal in accordance with law.
3.The appeal is disposed of accordingly.
Appeal allowed.
1. Special leave granted. Arguments heard.
2. Having heard learned counsel for the parties, we are satisfied that the judgment of the High Court suffers from a serious infirmity. There is no effort to formulate the points for determination nor is there any attempt at marshalling of the evidence. The High Court failed to appreciate that on an appeal of facts it has the duty to see the evidence for itself and come to its own conclusions. There is no critical assessment or appraisal of the evidence. There is no discussion at all in the judgment. Accordingly, the appeal succeeds and is allowed. The judgment and order passed by the High Court are set aside and the appeal is remitted to the High Court for fresh disposal in accordance with law.
3.The appeal is disposed of accordingly.
Appeal allowed.
