1970 JTR(SC) 416
1971 3 SCC 931 ; 1972 SCC(Cri) 179 ; 1970 2 SCWR 798
SUPREME COURT OF INDIA
A.N.Grover : J.C.Shah : K.S.Hegde
Gulab Sonba
Versus
State Of Maharashtra
Case No. : 778 of 1970
Date of Decision : 10/12/70
An appellate court cannot summarily dismiss an appeal if the trial court's findings support a pleaded defense, such as grave and sudden provocation or self-defence; the appellate court is bound to consider such pleas.
Act
Referred
:CRIMINAL PROCEDURE CODE
: S.421
(A) Criminal Law - Grave and sudden provocation - Self-defence - Duty of Appellate Court - High Court in error in summarily dismissing appeal where trial court's findings indicated the appellant had sustained injuries and the deceased had suddenly dealt stick blows to the appellant - High Court bound to consider whether the appellant had made out the case pleaded, especially when such plea appears to arise from the judgment recorded by the Trial Court. (Para 1)
Facts of the case:
An appellant was accused of causing the death of another person. The trial court found that the appellant had injuries on his person and that the deceased, while grazing sheep, had suddenly dealt stick blows on the head and shoulder of the appellant. The appellant raised a plea that the death was caused due to grave and sudden provocation. The High Court summarily dismissed the appeal.
Findings of Court:
The High Court was in error in summarily dismissing the appeal as the findings of the trial court gave rise to a plea of grave and sudden provocation and potentially self-defence.
Issues: Whether the High Court was justified in summarily dismissing the appeal without considering the pleas of grave and sudden provocation and self-defence which were supported by the trial court's findings.
Ratio Decidendi: An appellate court is bound to consider the question of whether an appellant has made out a pleaded case if that case appears to arise from the judgment recorded by the trial court.
Result: Order of the High Court set aside and proceedings remanded to the High Court.
Facts of the case:
An appellant was accused of causing the death of another person. The trial court found that the appellant had injuries on his person and that the deceased, while grazing sheep, had suddenly dealt stick blows on the head and shoulder of the appellant. The appellant raised a plea that the death was caused due to grave and sudden provocation. The High Court summarily dismissed the appeal.
Findings of Court:
The High Court was in error in summarily dismissing the appeal as the findings of the trial court gave rise to a plea of grave and sudden provocation and potentially self-defence.
Issues: Whether the High Court was justified in summarily dismissing the appeal without considering the pleas of grave and sudden provocation and self-defence which were supported by the trial court's findings.
Ratio Decidendi: An appellate court is bound to consider the question of whether an appellant has made out a pleaded case if that case appears to arise from the judgment recorded by the trial court.
Result: Order of the High Court set aside and proceedings remanded to the High Court.
(1) WE are of the view that the High court was in error in summarily dismissing the appeal. The appellant had raised the plea that the death of Kisna was caused because of grave and sudden provocation. The Trial court has held that the appellant Gulab had injuries on his person. The Trial court has also found that Kisna was grazing his sheep, and when the appellant questioned Kisna, the latter "all of a sudden" dealt "stick blows on the head and shoulder of the appellant. The finding may also give rise to a plea of self-defence which had to be considered by the High court The High court was, in appeal, bound to consider the question whether the appellant had made out the case which he had pleaded, and which appeared to arise on the judgment recorded by the Trial court.
(2) THE order of the High court is set aside and the proceedings are remanded to the High court to be dealt with and disposed of in accordance with law. The High court will issue notice to the State and hear the appeal.