Subbaiah Ambalam Vs. State Of Tamil Nadu On 12 February, 1976

Open iDraf

Subbaiah Ambalam v. State Of Tamil Nadu

Subbaiah Ambalam
v.
State Of Tamil Nadu

(Supreme Court Of India)

Criminal Appeal No. 49 Of 1976 | 12-02-1976

This is an appeal by special leave by Subbaiah Ambalam against the judgment of the Madras High Court confirming, on appeal and reference the conviction of the appellant under Section 302, I.P.C. and the sentence of death.

2. We have heard the learned counsel for the parties and are of the opinion that this is a fit case in which the matter should be remanded to the High Court for re-hearing of the appeal and reference. The judgment of the High Court appealed against covers less than a page. There is no discussion of the evidence adduced in the case and the learned Judges have disposed of the evidence by two sentences which read as under :

"They swore that they saw the occurrence themselves. The learned Sessions Judge has accepted their evidence and on a careful perusal of their evidence, we agree with him."

3. It is well settled that in a Reference under S. 374 of the Code of Criminal Procedure for confirming death sentence, the High Court has to consider the evidence afresh and to arrive at its independent finding with regard to the guilt of the accused. We are distressed to find that in the judgment appealed against this salutary requirement has not been compiled with and a case involving death sentence has been disposed of in a casual manner. We therefore, accept the appeal, set aside the judgment of the High Court and remand the case to the High Court for disposal in accordance with law.

4. Case remanded.

Advocates List

For

Bench List

HON'BLE JUSTICE H. R. KHANNA

HON'BLE JUSTICE A. C. GUPTA

Eq Citation

1977 CRILJ 1736

(1977) 4 SCC 603 (2)

AIR 1977 SC 2046

LQ/SC/1976/45

HeadNote

Criminal Procedure Code, 1973 — Ss. 374 and 386 — Reference for confirmation of death sentence — High Court considering evidence afresh and arriving at its independent finding with regard to guilt of accused — Necessity for — Held, in a Reference for confirmation of death sentence, High Court has to consider the evidence afresh and to arrive at its independent finding with regard to guilt of accused — High Court not doing so, case remanded — Criminal Trial — Reference for confirmation of death sentence — Procedure for,