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TMI Blog2000 (5) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal 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 learning about the assault on their brother Ramesh, Ramphal and R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned 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 Bhagira had also received injuries at the hands of the complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 acquittal on its merits. We, therefore, allow this appeal and se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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