Holding

The High Court’s disposal of the appeal without addressing the trial court’s contradictory findings was not justified, and the matter is remitted to the High Court for fresh disposal.

Summary

The Supreme Court examined a criminal appeal filed by accused A1 (Thanga Prakash) against the Karnataka High Court’s order disposing of the appeal without addressing contradictory findings in the trial court’s judgment. The trial court had inconsistently held that some accused were acquitted while others, including A1, were convicted under Section 304 (Part II) IPC, and also noted that medical evidence did not corroborate the prosecution’s claim. The High Court, however, dismissed the appeal in a single paragraph, ignoring these inconsistencies. The Supreme Court held that such a disposal was not justified, set aside the High Court’s order, and remitted the matter back to the High Court for a fresh disposal limited to the appellant A1. No opinion on the merits of the conviction was expressed. The appeal was consequently disposed of with directions for fresh consideration.

Issues considered

Whether the High Court was justified in disposing of the appeal without considering the trial court’s contradictory findings.
Whether the appeal under CrPC s.374(2) should be remitted to the High Court for fresh disposal.
Whether the conviction under IPC s.304 (Part II) can stand in view of the conflicting evidentiary findings.

Legislation cited

Code of Criminal Procedure, 1973s. 374(2)
Indian Penal Code, 1860s. 304(Part II)

Subjects

criminal appealconvictioncontradictory findingsSection 304 IPChigh court errorremandCrPC s.374(2)fresh disposal

Judgment

[2008] 16 S.C.R. 693 ·

THANGA PRAKASH A ..
~
t- v. -
STATE OF KARNATAKA
(Criminal Appeal No. 1874 of 2008)
NOVEMBER 26, 2008
8
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ.]
)"
Code of Criminal Procedure, 1973: s.374(2) - Appeal
from conviction - Disposed of, by High Court without c
considering the contradictory findings arrived at by trial court
- Justification of- Held: Not justified - Matter remitted to High
Court for disposal afresh - Penal Code, 1860 - s.304 (Part-
II).
~
D
.(
The trial court in one para of its judgment observed
• that A 1 and A4 to AS were entitled to be acquitted of
"' -l offence under s.304 (Part II) IPC. However in the next
' para, the trialcourt held A1 guilty under s.304 (Part II) and
convicted him though in yet another para, it held that the E
medical evidence did not lend corroboration to the
evidence of PW1 that A 1 and A4 had assaulted him on
the back with a chopper. The High Court while disposing
of the appeal before it, did not consider the contradictory
findings arrived at by the trial court. A-1 filed the instant F
... . appeal .
~
Disposing of the appeal and remitting the matter to
the High Court, the Court
G
HELD: 1.1. The confusion and contradictory findings
_, by the trial court have not been considered by the High
'f Court which disposed of the appeal, by practically, in one
paragraph, after noticing the factual scenario i!Jdicated in
693 H
694 SUPREME COURT REPORTS (2008] 16 S.C.R.

A the trial court's judgment. Since the appeal is filed by A1, +
the order remitting the matter to the High Court shall be
restricted only so far as he is concerned. [Paras 6 and 7]
.[695·G-H; 696-B]

B · CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. :1874 of 2008. · · · ·· · ·

From the final Judgment and Order dated 12.7.2006 of the
High Court of Karnataka at Bangalore in Criminal Appeal No.
C 569 of 2001 (SJ-C).

· ··. Basva·Prabhu S. Patil, Shekar Devasya, B. Subrahmanya
P~asad a_ndV.N. Rag~upathy f()r the Appellant . . · ·.

Anitha Shenoy for the Respqndent.

E · 2: Leave granted.
• . .' ., ._, '• .... l .... '

·. ·3. Challenge·in this appeal is to the judgment and order
dated· 12.7.2006 in Criminal·Appeal No. 569 of 2001 by the ·
Karnataka High Court, Though, various points were urged in
... support ofJhe appeal, we find.that it·can.be disposed of by a
F · single poin( _The ·trial Court,· in the penultimate paragraph
observed· as follows:· ·· · k
. ·.. .:
;

"Therefore, I hold that A2, A3 and A7 are guilty of
the offence punishable under Part-II of Section 304 IPC
1
· · ·read with Section 34 ·IPC. Accused Nos. and 4 to 6 are
· ·entitled fotacquittal."
y
·. (Underlined for emph~sis)

H· 4 .. aut, strangely, in the next paragraph, it was·observed
. THANGA PRAKASH v. STATE OF KARNATAKA 695
[DR ARIJIT PASAYAT, J.]

+ as follows: A

"In the result, A1 to A7 are acquitted bf the offences
punishable under Sections 148 IPC, Section 323 read with
Section 149 IPC, Section 307 read with Section 149 IPC
and Section 302 read with Section 149 IPC, with which B
they are charged. However, A 1, A2, A3 and A7 are
convicted for the offence punishable under Section 304
..,., Part II read with Section 34 of the /PC .

-<..
The bail bonds of A4 and A6 stands cancelled. A-5 c
~ who is in judicial custody shall be released forthwith if not
required in any other case."

(Underlined for emphasis)

5. It has to be noted that in the judgment of the Trial Court, D
it was inter alia observed as follows:
•
t- "The evidence of .PW-1 that A 1 and A4 also
assaulted him with the chopper on his back cannot be
accepted because of the reason that if both the accused E
had assaulted there should have been more than one
wound on his back, but, as per medical evidence, there
is only one wound. The medical evidence does not lend
corroboration to the evidence of PW-1. PW-1 was present
... with A2 and A7 from the beginning and when they reached F
...;, near the scene of offence PW1 had seen A1, A4 and A6
at that place. PW1 has not stated that A1 and A4 were
armed with chopper at that time."

(Underlined for emphasis) G

I
6. The aforesaid confusion and contradictory findings by
the Trial Court have not been considered by the High Court
which disposed of the appeal, by practically, in one paragraph
after noticing the factual scenario indicated in the trial court's
H
696 SUPREME COURT REPORTS [2008] 16 S.C.R.

A judgment. We, therefore, set aside the impugned order of the f
High Court and remit the matter to it for a fresh disposal in
accordance with law, We make it clear that we have not
expressed any opinion on the merits of the case.

s 7. It is to be noted that the present appeal is filed by
accused No. 1. Our order remitting the matter to the High Court
shall be restricted only so far as he is concerned.

8. The appeal is, accordingly, disposed of.
c B.B.B. Appeal disposed of.
i'-

•