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TMI Blog2021 (10) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... nd easily comprehensible. The judicial opinion is to be written in such a way that it elucidates in a convincing manner and proves the fact that the verdict is righteous and judicious. What the court says, and how it says it, is equally important as what the court decides - there is a total lack of clarity on the submissions, which part of the order is submission, which part of the order is the finding and/or reasoning. Even, the High Court has also not considered the seriousness of the offence and the gravity of the accusation against the accused and their antecedents and conduct by giving threats to the witnesses during trial and even thereafter. The High Court ought to have noted that when the High Court released the accused on bail pending appeal, they have undergone only 8 months sentence against the life sentence imposed by the learned trial Court. Even on merits also, the High Court has committed a grave error in releasing the accused on bail pending appeals against the judgment and order of conviction for the offences under Sections 302/149, 201 r/w 120B IPC - Appeal allowed. - CRIMINAL APPEAL NO. 876 OF 2021, CRIMINAL APPEAL NO. 878 OF 2021, CRIMINAL APPEAL NO. 87 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r impartial investigation of the case; that on 13.12.1995, the appellant herein Shakuntala Shukla (wife of the deceased) moved an application before his Excellency the President of India with the facts that she is a widow of Kripa Shankar Shukla (deceased) and her husband was murdered in the night of 26.10.1995 when he was coming back from Bansdeeh to his village Adar and thereafter the dead body was thrown in the well to create confusion; that on the said application of the appellant herein, Special Secretary, Ministry of Home Affairs, Government of Uttar Pradesh, Lucknow directed for investigation of the matter by CB-CID; that during the investigation, the names of the private respondents herein accused came into light; that CB-CID submitted the chargesheet against the accused Swaminath Yadav and others coaccused under Sections 147, 149, 302, 201, 218, 120B IPC; that the learned trial Court framed the charge under Sections 302/149, 201, 120B IPC. 3.1 At this stage, it is required to be noted that during the investigation by Crime Branch, it was found that one Shri Jainath Yadav, the then Sub-Inspector of Police Station Bansdeeh, District Ballia, under the orders of Station ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the accused persons and thereafter Kripa Shankar Shukla was not seen by anybody and ultimately the dead body was found in the well at about 10:40 a.m. on 28.10.1995. That the learned trial Court vide its judgment dated 08.02.2018 convicted the private respondents herein accused persons, namely, Vikrama Yadav, Swaminath Yadav, Jhingur Bhar, Surendra Kumar Pandey and Umesh Kumar Pandey for the offences under Sections 302/149, 201 r/w 120B IPC. That the learned trial Court also convicted the then Investigating Officer Jainath Yadav and the Doctor Vinod Kumar Rai who performed the post mortem on the body of the deceased and stated the wrong reason of death for the offences under Sections 201 r/w 120B and 218 IPC. 4. Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the learned trial Court imposing the sentence of life imprisonment, convicted accused Swaminath Yadav has preferred Criminal Appeal No. 1283/2018; convicted accused Surendra Kumar Pandey has preferred Criminal Appeal No. 1405/2018; convicted accused Jhingur Bhar has preferred Criminal Appeal No. 1496/2018; and convicted accused Vikrama Yadav has preferred Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court has not at all properly appreciated and considered the fact that by a detailed judgment and order and after appreciation of the entire evidence on record, the learned trial Court has convicted the accused for the offences under Sections 302/149, 201 r/w 120B IPC and sentenced them to undergo life imprisonment. 6.4 It is submitted that once the accused are convicted for the very serious offence under Section 302 IPC by the learned trial Court, there shall not be any presumption of innocence thereafter and therefore the High Court shall be very slow in granting bail to the accused pending appeals who are convicted for the offences under Sections 302/149, 201 r/w 120B IPC. 6.5 It is further submitted that as such no reasons whatsoever have been assigned by the High Court while releasing the accused on bail pending appeals. It is submitted that the High Court has failed to note the circumstances under which right from the very beginning the efforts were made to derail the investigation and even the trial Court also convicted the then Investigating Officer and even the doctor who performed the post mortem for the offences under Sections 201 r/w 120B and 218 IPC. 6.6 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that criminal history of two cases against the accused for the offences under Sections 143, 504 506 being CR No. 158/1996 and CR No. 23/1999 under Sections 504 506 IPC are taken very lightly by the High Court. It is submitted that the High Court ought to have appreciated that the aforesaid cases were for giving threats by the accused to the witnesses and the family members of the deceased including the appellant herein. 8. Learned counsel appearing on behalf of the respondents accused have vehemently submitted that in the facts and circumstances of the case, no error has been committed by the High Court releasing the accused on bail, pending appeals. 8.1 It is submitted that admittedly it is a case of circumstantial evidence and not a single witness had stated that he saw any of the accused murdering Kripa Sankar Shukla or even throwing his dead body in the well. It is submitted that even in the post mortem report, the cause of death was shown died by drowning . It is submitted that there is no other further medical evidence showing the different cause of death. 8.2 It is further submitted that during the trial the accused were on bail and even thereafter also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... your decision to the parties; iii) to communicate the reasons for the decision to the public; and iv) to provide reasons for an appeal court to consider 9.3 It is not adequate that a decision is accurate, it must also be reasonable, logical and easily comprehensible. The judicial opinion is to be written in such a way that it elucidates in a convincing manner and proves the fact that the verdict is righteous and judicious. What the court says, and how it says it, is equally important as what the court decides. Every judgment contains four basic elements and they are (i) statement of material (relevant) facts, (ii) legal issues or questions, (iii) deliberation to reach at decision and (iv) the ratio or conclusive decision. A judgment should be coherent, systematic and logically organised. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. It is pertinent to examine the important elements in a judgment in order to fully understand the art of reading a judgment. In the Path of Law, Holmes J. has stressed the insentient factors that persuade a judge. A judgment has to formulate findings of fact, it has to decide what the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e submissions on behalf of the Public Prosecutor have not been noted and referred to, though a detailed counter affidavit was filed by the State opposing the bail applications. We do not approve the manner in which the High Court has disposed of the application for bail pending appeal. 11. Even on merits also, the impugned order passed by the High Court releasing the accused on bail pending appeal is unsustainable. The High Court has not at all appreciated and considered the fact that the learned trial Court on appreciation of evidence has convicted the accused for the offences under Sections 302/149, 201 r/w 120B IPC. Once the accused have been convicted by the learned trial Court, there shall not be any presumption of innocence thereafter. Therefore, the High Court shall be very slow in granting bail to the accused pending appeal who are convicted for the serious offences punishable under Sections 302/149, 201 r/w 120B IPC. 11.1 Even the High Court has also failed to note the circumstances under which right from the very beginning the efforts were made to delay/derail the investigation. It is to be noted that even the learned trial Court also convicted the investigating off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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