Judgment

CHINNAPPA REDDY, J.:- Special leave granted.

2. The appeal of the accused to the High Court was dismissed summarily with the one word diminished placing this Court in a most embarrassing position in dealing with the special leave petition under Art. 136 of the Constitution. Such summary rejected of a peals by the High Court has been disapproved by this Court more than thirty years ago in Mushtaq Hussain v. State of Bombay 1953 SCR 809 (AM 1953 SC 282) and thereafter over the years in a series of cases from the same High Court : Ramayya v. State of Bombay, AIR 1955 SC 287. Vishwanath Shankar Baldar v. State of Maharashtra, (1969) 3 SCC 883, Siddanna Appa Rao v. State of Maharashtra. AIR 1970 SC 977 Narayan Nathu Naik v. State of Maharashtra. AIR 1971 SC 1656. Govinda Kadtuji Kadam v. State of Maharashtra, AIR 1970 SC 1033. Shaik Mohamed Ali v. State of Maharashtra, AIR 1973 SC 43, K. K. Jain v. State of Maharashtra, AIR 1973 SC 243. Jeewan Prakash v. State of Maharashtra. AIR SC 278. Mushtaq Ahmed v. State of Gujarat. AIR 1973 SC 1222. Krishna Vithu Suroshe v. State of Maharashtra, AIR 1974 SC 274. Sampat Tatyada Shinde v. State of Maharashtra. AIR 1974 SC 791. Dagadu v. Stat