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1970 Supreme(SC) 165

A. N. GROVER, M. HIDAYATULLAH
Narayan Nathu Naik – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

HIDAYATULLAH, C.J.I. :- This is an appeal by Narayan Nathu Naik who was tried by the Sessions Judge, Thana for the murder of one Rattan on the night following 18th March, 1966 at about midnight. He was convicted by the Sessions Judge under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. His appeal to the High Court was summarily dismissed although the High Court recorded a brief note of the arguments which were raised before it and the replies to those arguments repelling them. It is contended in this case that the appellant was entitled to at least one appeal and that his first appeal should have been properly considered in the High Court and the judgment of the High Court, which according to the learned counsel, reads like a dialogue between the court and counsel, is no judgment at all. It appears that special leave was probably granted in this case, because of the unsatisfactory manner in which reasons were recorded. The High Court need not have recorded reasons if it was satisfied that the case was one for dismissal but if it thought that it had to go into the evidence and to discuss it, the proper course would have been to set the case down










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