2000 (5) TMI 1074

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....desh against refusal by the High Court to grant leave in an appeal against acquittal and, consequently, dismissing the appeal against acquittal. 2. Shorn of details, the prosecution ease in brief is that on 17.1.1990 at about 8.00 a.m. when the deceased went towards the riverside for easing himself, the accused party armed with lathis and dandas arrived there and started assaulting him. On lear....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the High Court. 4. We have perused the judgment of the learned Additional Sessions Judge. We find that there is hardly any discussion of evidence of the injured witnesses Ramesh, Ramphal and Ram Nath. They are material witnesses being stamped witnesses. Even according to the statement of the accused recorded under Section 313 Cr.P.C. some members of the accused party including Battan and Bhagir....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uittal has been dealt with by the High Court leaves much to be desired. Reasons introduce clarity in an order. On plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order. The absence of reasons has rendered the High Court order not sustainable. It appears appropriate to us that the High Court should hear and decide the appeal against acq....