ALIJAN NANHE PEHALWAN QURESHIversusSTATE OF MAHARASHTRA
- Citation
- 1980 INSC 211
- Decided
- 10 November 1980
- Disposal
- Dismissed
- Bench
- V R KRISHNA IYER
Holding
The Supreme Court held that a High Court must give a reasoned judgment in murder appeals, but after allowing the parties to review the record and hearing submissions, it found no error and dismissed the Special Leave Petition.
Summary
Alijan Nanhe Pehalwan Qureshi was convicted of murder under s.302 IPC and sentenced to life imprisonment by the trial court. The High Court affirmed the conviction but issued a judgment without any reasoning. A Special Leave Petition was filed before the Supreme Court, which held that in serious offences like murder, the appellate court must give a reasoned judgment addressing material facts and law. The Supreme Court, invoking Article 136, ordered that the record be sent back for the parties to peruse and make submissions as if hearing a regular appeal, rather than immediately setting aside the High Court's order. After a brief hearing, the petitioner failed to demonstrate any error in the trial court’s appreciation of evidence, and the Supreme Court dismissed the petition, leaving the life sentence intact.
Issues considered
- Whether a High Court judgment affirming a life sentence for murder must contain reasons of fact and law.
- Whether the Supreme Court should set aside a blank appellate judgment or remit the case for a reasoned hearing.
- Whether the petitioner demonstrated any flaw in the trial court’s assessment of evidence warranting relief.
Legislation cited
- Constitution of Indias. 136
- Indian Penal Code, 1860s. 302
Subjects
Judgment
U94
A ALIJAN NANHE PEHALWAN QURESHI
v.
ST ATE OF MAHARASHTRA
November 10, 1980
B
[V. R. KRISHNA IYER & A. D. KOSHAL, JJ]
Procedure-High Court's judgment-In cases where severe 5entl'11ce had
been inflicted by the trial court, High Court must give a reasoned judgment.
__j
In so serious a crime as murder where so severe a sentence as life
c imprisonment has been inflicted by the trial court and the appeai is as of
right, the High Court must indicate in a reasoned judgment that it has applied
its mind to the material questions of fact and Jaw. A judgment may be brief
but not a blank especially in a situation such as this. [1194 F-G]
CRIMINAL APPELLATE JURISDICTION : Special Leave Petition
D
(Crl.) No. 1620 of l.980.
From the Judgment and Order dated 13-11-1979 of the Bombay
High Court in Criminal Appeal No 1310 of 1979.
Pramod Swarup for the Petitioner.
E M. C. Bhandare and M. N. Shroff for the Respondenr.
The Order of the Court was delivered by
KRISHNA lyER J.-We were not happy at the disposal by the
• High Court of a case under s. 302 I.P.C. without a speaking order.
F After all in so serious a crime as murder, where so severe a sentence
as life imprisonment has been inflicted by the trial court and the ap·
peal is· as of right, the High Court must indicate in a reasoned judg-
ment that it has applied its mind to the material questions of fact
and law. A judgment may be brief but not a blank, especially in a
G situation such as this. For this reason we should have straightaway
set aside the judgment of the High Court and sent .it back for fresh
hearing, but under Artide 136 where justice is the paramount consi-
deration we wanted to reduce the delay in the proceedings since there
is a sentence of life imprisonment on the petitioner so we directed
H that the original record be sent for so that counsel on both sides may
ALIJAN NANHE PEHALWAN QURESHI V. MAHARASHTRA l.1!9JS
(Krishna Iyer, !.)
have the opportunity to peruse the entire case records and make
submissions to us as if we were hearing the appeal in the regular
course. Counsel have had that facility and have made submissions
after perusal of the materials. After a brief hearing counsel for the
..
petitioner was unable to demonstrate that the trial court's judgment
was vitrated by any flaw in appreciation of evidence or assessment B
of probabilities. We, therefore, dismiss the Special Leave Petition
after satisfying ourselves that natural just.ice has had its full play.
Dismissed.
P.B.R. Petition dismissed .
•
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.