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Issues:
1. Conviction of the appellant for murder upheld by the High Court. 2. Appeal to the Supreme Court challenging the decision of the lower courts. 3. Arguments presented by the appellant's counsel regarding the credibility of prosecution witnesses and discrepancies in their statements. 4. Misconception regarding the scope of appeal after obtaining special leave to appeal. 5. Analysis of the Supreme Court's discretionary power to grant special leave to appeal in criminal cases under Article 136 of the Constitution. Detailed Analysis: 1. The Supreme Court upheld the conviction of the appellant for murder, which was confirmed by the High Court after the Sessions Judge of Ferozepore sentenced the appellant to death. The prosecution case, supported by multiple eyewitnesses, including the mother of the deceased, was found to be substantially true by both the trial judge and the High Court. The High Court agreed with the Sessions Judge that the case against the appellant had been proved beyond a reasonable doubt, leading to the dismissal of the appeal challenging the conviction. 2. The appellant appealed to the Supreme Court after obtaining special leave, arguing against the conclusions of the lower courts. The appellant's counsel presented elaborate arguments challenging the credibility of the prosecution witnesses and pointing out discrepancies in their statements. The appellant's counsel also raised the theory of false implication due to enmity, which was discredited by the lower courts based on the credibility of the witnesses and the overall evidence presented. 3. The appellant's counsel argued that the alleged eyewitnesses had conflicting statements and were associated with the deceased, leading to doubts about their truthfulness. However, the Supreme Court emphasized that it would not reevaluate facts when two lower courts had already agreed on the conclusions based on witness credibility. The Court highlighted that the evidence presented by the prosecution witnesses, despite some inconsistencies, was deemed reliable by the trial judge and assessors. 4. The Supreme Court addressed the misconception that once special leave to appeal is granted, the entire case is open for contesting all findings of fact. The Court clarified that only points fit to be raised at the preliminary stage when seeking leave to appeal could be argued during the final hearing. The Court cited a Privy Council case to emphasize that grounds for appeal must be sustainable from the beginning stages of the appeal process. 5. The judgment delved into the Supreme Court's discretionary power under Article 136 of the Constitution to grant special leave to appeal in criminal cases. The Court highlighted that special leave should be granted sparingly and in exceptional cases where special circumstances exist, substantial injustice has been done, and the case presents features warranting a review of the decision. The Court emphasized the need for special circumstances to justify the grant of special leave, indicating that a uniform standard should be adopted in exercising this discretionary power. In this case, since the conditions for granting special leave were not met, the Supreme Court dismissed the appeal.
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