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1976 Supreme(SC) 488

P.N.BHAGWATI, P.N.SHINGHAL, A.C.GUPTA
Vithal Kandiba Kamble – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

BHAGWATI, J. - The appellants were tried before the Additional Sessions Judge, Osmanabad for offences under Ss. 147, 148 and 302 read with S. 149 of the I.P.C. on the allegation that they alongwith six other persons who were then absconding had formed an unlawful assembly and in the prosecution of the common object of the unlawful assembly committed the murder of one Vishwanath Bhusare. The Sessions Court convicted the appellants of the various offences charged against them and sentenced them to various terms of imprisonment, the sentence for the offence under S. 302 read with S. 149 being one of life imprisonment. The appellants preferred an appeal before the High Court against the order of conviction and sentence recorded against them but the appeal was summarily dismissed by the High Court without giving reasons. The appellants thereupon preferred the present appeal with special leave obtained from this Court.

2. Now, it does appear from the record that arguable points arose in the appeal before the High Court and even if the High Court found that there was no substance in them, the High Court should have given reasons why it thought that there was no substance in the app




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