CRIMINAL APPEAL NOS. 306 OF 2008
(Arising out of S.L.P. (Crl.) Nos.6893-6894 of 2007)
Arijit Pasayat, J. -
Challenge in these appeals is to the
order passed by a learned Single Judge of the Karnataka High Court.
Before we deal with the appeals in detail, it is necessary to highlight
certain disturbing features.
3. The appeal filed by the appellant
was disposed of on 1.7.2006. There was no indication in the order as to
whether the appeal was dismissed or allowed. Only certain directions
were given to the Secretary, Home Department and Director General of
Police to strictly comply with the observations that the Investigating
Officers were to refer the blood stained articles and blood samples of
the victim/accused, as the case may be, to the Medical College Hospital
in the District or in the neighbouring District which have Forensic
Science Laboratory to give report regarding the blood group. It was
further directed that the Police Manual needs to be suitably amended to
incorporate the suggested procedure for mandatory compliance in the
protocol of investigation.
4. When it was pointed out to the
learned Judge that there was no result of the appeal, the matter was
listed under the heading "For being spoken to" and on 31.3.2007 it was
observed that for the reasons and discussions made, the order of
conviction and sentence is confirmed and appeal is dismissed. To say the
least, the procedure adopted is clearly not appropriate.
5. Coming to the facts of the case,
the only thing that needs to be observed is that the impugned judgment
and order of the High Court has one characteristic i.e. brevity. It has
no other characteristic. It does not even refer to the various aspects
and briefly refers to the evidence of the witnesses.6. It needs no
emphasis that the Appellate Court exercising appellate powers has not
only to consider various points but objectively and critically analyse
the evidence. That has not been done in the present case.
7. The case of the prosecution was
that on 27.9.2000 at about 8.30 P.M. the accused trespassed into the
house and assaulted his sister-in-law PW1 with sickle and also assaulted
his mother PW2 with sickle.
8. The Trial Court framed charges
against the appellant for offences punishable under Sections 307, 427
and 448 of the Indian Penal Code, 1860 (in short 'IPC').
9. The accused pleaded innocence.
However, on consideration of thee evidence, the Trial Court found the
appellant guilty of offence punishable under Sections 307, posed 427 and
448 IPC. Different sentences were imposed which were directed to run
10. The accused-appellant preferred
an appeal before the High Court. As noted above, the High Court
dismissed the appeal. The only discussion about the merits of the case
made by the High Court is in the following words:
"The case of the prosecution is that
on 27.9.2000 at 8.30 p.m. the accused trespassed into the house,
assaulted his sister-in-law PW-1 with sickle and also assaulted his
mother P.W.-2 with sickle.
2. The wound certificate of P.W. 1
discloses hat an incised wound on the right hand, leniar abrasion on the
back of trunk over the region of left scapula and leniar abrasion on the
right scapula region.
3. The wound certificate of P.W.2
discloses incised wound on the occipital region of scalp and tenderness
at the left clavicle resulting in fracture of left clavicle and first
4. P.W. 1 and 2 testified to the
overt acts of the accused in causing injuries on them. P.W. 3 is an eye
witness and sister of P.W.1. She supports the prosecution version. The
wound certificate and evidence of the doctor also corroborate the
version of P.Ws I and 2."
11. The observations on the
procedure to be followed read as follows:
"In some of crimes, the blood stains on incriminating articles serve as
corroborative piece of evidence to prove the guilt of the accused by
establishing that the blood group of the stains tally with that of blood
group of the victim or the accused as the case may be. In such cases, it
is necessary that I.O. should send blood stained articles and also the
blood sample of the person with whom the blood stains on the articles is
to be connected. In my career as a Judge in innumerable cases, I have
come across that the investigation done in this regard is wholly
incomplete. The blood samples of the victim or the accused as the case
may be is not sent along with blood stained articles, to prove the
connectivity. I have also found that in the post mortem report, there is
no mention of blood group of the deceased. This type of lop sided
investigation virtually renders a valuable scientific corroborative
evidence incomplete and ineffective. I have also found that for
determination of the blood group of the stains, the articles are sent to
FSL at Bangalore for determination of the blood group. The District
Hospital Laboratory is quite competent to give medical opinion regarding
the blood group. The reference of the articles of FSL, Bangalore does
result in delay in placing complete evidence before the Court. In most
of the cases, at the time of evidence, the FSL reports are produced by
the prosecution. In order to avoid delay, it is expedient that I.O.
should refer the blood stained articles and blood samples of the
victim/accused as the case may be to the Medical College hospitals in
the district or in the neighbouring District which have Forensic Science
Laboratory to give report regarding the blood group.
The Home Secretary and Director
General of Police should issue necessary instructions to the
Superintendent of Police of the Districts and S.H.Os of the police
stations for strict compliance of the above observations regarding blood
stained articles. It is further directed that the Police manual be
suitably amended to incorporate the suggested procedure for mandatory
compliance in the protocol of investigation."
12. Next comes the order dated
31.3.2007. Same reads as follows:
"ORDERS ON FOR BEING SPOKEN TO
For the reasons and discussions made above, the order of conviction and
sentence is confirmed & appeal is dismissed."
14. The manner in which the appeal
has been dealt with is not a correct way to deal with the appeal. No
serious attempt appears to have been done by the High Court to
appreciate the rival stand and/or to analyse the evidence in its proper
perspective. Above being the situation, we set aside the impugned
judgment of the High Court and remit the matter to the High Court for
fresh consideration and disposal in accordance with law.
15. The appeals are allowed.
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