1979 (12) TMI 156 - SC - Indian Laws

Summary

Issues involved: Appeal against conviction and sentence, reliability of eye-witness testimony, power of the Court to dismiss appeal summarily under S. 384 of the Code of Criminal Procedure.

Conviction and Sentence Appeal: The three accused appealed against their conviction and sentence under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The High Court of Gujarat reversed the order of acquittal by the Sessions Judge and convicted them for offences under s. 302/120--B of the Indian Penal Code, sentencing them to imprisonment for life. The prosecution relied on the evidence of eye witnesses Rata Mala, Ganesh, and Ruda. The High Court found the testimony of Rata Mala and Ganesh to be reliable and trustworthy, overturning the Sessions Judge's reasons for acquittal. The Supreme Court summarily dismissed the appeal under S. 384 of the Code of Criminal Procedure after finding no sufficient grounds for interference.

Power to Dismiss Appeal Summarily: A separate judgment highlighted the challenge to the constitutional validity of Rule 15(1)(c) of O.XXI of the Supreme Court Rules, which allows for the summary dismissal of appeals. The Court rejected the argument that a right of appeal obligates the Court to hear both parties, examine records, and provide a reasoned judgment. The Court also dismissed the contention that the provisions of the Code of Criminal Procedure, including S. 384, are not applicable to the Supreme Court. The decision clarified that the validity of S. 384 was not raised or argued, and therefore, the discussion on this issue is not a binding precedent. The Court concluded that the order of dismissal of the appeal summarily stands.

Conclusion: The Supreme Court upheld the conviction and sentence imposed by the High Court, emphasizing the reliability of the eye-witness testimony. Additionally, the Court clarified the power to dismiss appeals summarily under S. 384 of the Code of Criminal Procedure, affirming the validity of Rule 15(1)(c) of O.XXI of the Supreme Court Rules.