A.V.VARADARAJAN, BAHARUL ISLAM, S.MURTAZA FAZAL ALI
Dagadu – Appellant
Versus
State Of Maharashtra – Respondent
ORDER:- In this appeal by special leave the appellant has been convicted under Section 302 Indian Penal Code and sentenced to imprisonment for life. After having gone through the judgment of the Sessions Judge and the grounds taken by the appellant in his appeal by special leave we are satisfied that this case does raise some arguable points which merit serious consideration by the High Court. We would like to point out that although under Section 421 of the Code of Criminal Procedure, 1898 (which is Section 384 of the Code of Criminal Procedure, 1973) the High Court has the undoubted power to summarily dismiss a first appeal against conviction of an accused yet in very serious cases like those under Section 302 Indian Penal Code, or other cases where death or life imprisonment can be awarded, the High Court should consider the appeal on merits instead of dismissing it summarily, unless the evidence is so clear and cogent, reliable and creditworthy that on the face of it no case for the barest consideration is made out. This Court in Govinda Kadtuji Kadam v. State of Mah., (1970) 1 SCC 469, while laying down the guidelines for dismissing an appeal summarily observed as follows :
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