Jeetu @ Jitendera & Ors vs State Of Chhattisgarh

3. The facts as has been exposited are that on the basis of an F.I.R. lodged by the informant, Aarif Hussain, PW-10, at 11.50 P.M. on 16.4.2008 alleging that about 10.00 P.M. when he was going towards Telibandha P.S., the accused persons met him near Telibandha chowk and demanded Rs.500/- for liquor and on his refusal they took him towards Awanti Vihar railway crossing in an auto rickshaw and assaulted him, Crime Case No. 129/2008 was registered under Sections 327, 366 and 323 read with Section 34 of the I.P.C. at the concerned police station. After the criminal law was set in motion, said Aarif Hussain was medically examined by Dr. Vishwanath Ram Bhagat, PW-1, and as per the injury report, Exhbt. P-1, he had sustained four injuries on his person. The investigating officer, after completing the investigation, placed the charge sheet on 6.8.2008 against the accused persons for offences punishable under Sections 147, 327, 364-A, 323 and 34 of the I.P.C. before the learned trial Magistrate who committed the matter to the court of Sessions.

6. The prosecution, in order to substantiate its stand, examined eleven witnesses and exhibited number of documents. The defence, in support of its plea, chose not to adduce any evidence.

21. Tested on the touchstone of the aforesaid legal principles, it is luminescent that the High Court has not made any effort to satisfy its conscience and accepted the concession given by the counsel in a routine manner. At this juncture, we are obliged to state that when a convicted person prefers an appeal, he has the legitimate expectation to be dealt with by the Courts in accordance with law. He has intrinsic faith in the criminal justice dispensation system and it is the sacred duty of the adjudicatory system to remain alive to the said faith. That apart, he has embedded trust in his counsel that he shall put forth his case to the best of his ability assailing the conviction and to do full justice to the case. That apart, a counsel is expected to assist the Courts in reaching a correct conclusion. Therefore, it is the obligation of the Court to decide the appeal on merits and not accept the concession and proceed to deal with the sentence, for the said mode and method defeats the fundamental purpose of the justice delivery system. We are compelled to note here that we have come across many cases where the High Courts, after recording the non- challenge to the conviction, have proceeded to dwell upon the proportionality of the quantum of sentence. We may clearly state that the same being impermissible in law should not be taken resort to. It should be borne in mind that a convict who has been imposed substantive sentence is deprived of his liberty, the stem of life that should not ordinarily be stenosed, and hence, it is the duty of the Court to see that the cause of justice is subserved with serenity in accordance with the established principles of law.

22. Ex consequenti, the appeal is allowed and the judgment and order passed by the High Court are set aside and the appeal is remitted to the High Court to be decided on merits in accordance with law. As the appellants were on bail during the pendency of the appeal before the High Court and are presently in custody, they shall be released on bail on the said terms subject to the final decision in the appeal.

December 04, 2012.