important point
An appeal should be disposed by appreciating the rival stands and/or analysing the evidence in its proper perspective.

judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in these appeals is to the order passed by a learned Single Judge of the Karnataka High Court. Before we deal with the appeals in detail, it is necessary to highlight certain disturbing features.

3.The appeal filed by the appellant was disposed of on 1.7.2006. There was no indication in the order as to whether the appeal was dismissed or allowed. Only certain directions were given to the Secretary, Home Department and Director General of Police to strictly comply with the observations that the Investigating Officers were to refer the blood stained articles and blood samples of the victim/accused, as the case may be, to the Medical College Hospital in the District or in the neighbouring District which have Forensic Science Laboratory to give report regarding the blood group. It was further directed that the Police Manual needs to be suitably amended to incorporate the suggested procedure for mandatory compliance in the protocol of investigation.

4.When it was pointed out to the learned Judge that there was no result of the appeal, the matter was listed under the heading “For being spoken to” and on 31.3.2007 it was observed that for the reasons and discussions made, the order of conviction and sentence is confirmed and appeal is dismissed. To say the least, the procedure adopted is clearly not appropriate.

5.Coming to the facts of the case, the only thing that needs to be observed is that the impugned judgment and order of the High Court has one characteristic i.e. brevity. It has no other characteristic. It does not even refer to the various aspects and briefly refers to the evidence of the witnesses.

6.It needs no emphasis that the Appellate Court exercising appellate powers has not only to consider various points but objectively and critically analyse the evidence. That has not been done in the present case.

7.The case of the prosecution was that on 27.9.2000 at about 8.30 P.M. the accused trespassed into the house and assaulted his sister-in-law PW1 with sickle and also assaulted his mother PW2 with sickle.

8.The Trial Court framed charges against the appellant for offences punishable under Sections 307, 427 and 448 of the Indian Penal Code, 1860 (in short ‘IPC’).

9.The accused pleaded innocence. However, on consideration of thee evidence, the Trial Court found the appellant guilty of offence punishable under Sections 307, posed 427 and 448 IPC. Different sentences were imposed which were directed to run concurrently.

10.The accused-appellant preferred an appeal before the High Court. As noted above, the High Court dismissed the appeal. The only discussion about the merits of the case made by the High Court is in the following words:

“1.The case of the prosecution is that on 27.9.2000 at 8.30 p.m. the accused trespassed into the house, assaulted his sister-in-law PW-1 with sickle and also assaulted his mother P.W.-2 with sickle.

2.The wound certificate of P.W. 1 discloses that an incised wound on the right hand, linear abrasion on the back of trunk over the region of left scapula and linear abrasion on the right scapula region.

3.The wound certificate of P.W.2 discloses incised wound on the occipital region of scalp and tenderness at the left clavicle resulting in fracture of left clavicle and first metatarsal bone.

4.P.W. 1 and 2 testified to the overt acts of the accused in causing injuries on them. P.W. 3 is an eye witness and sister of P.W.1. She supports the prosecution version. The wound certificate and evidence of the doctor also corroborate the version of P.Ws I and 2.”

11.The observations on the procedure to be followed read as follows:

“In some of crimes, the blood stains on incriminating articles serve as corroborative piece of evidence to prove the guilt of the accused by establishing that the blood group of the stains tally with that of blood group of the victim or the accused as the case may be. In such cases, it is necessary that I.O. should send blood stained ar