Gobind Singh v. Krishna Singh and Ors.
Case brief
What is this about?
Gobind Singh v. Krishna Singh and Ors., Criminal Appeal Nos. 30-31 of 2003 (Supreme Court of India, 03.12.2008, Dr. Arijit Pasayat and Dr. Mukundakam Sharma, JJ.; judgment by Dr. Arijit Pasayat, J.). Informant's appeal against Patna High Court judgment dated 15.2.2002 allowing accused persons' appeals and disposing of death reference under s.366 CrPC arising from murder convictions under s.302 r/w s.149 IPC (life sentence), s.17 Criminal Law Amendment Act, 1998, s.27 Arms Act, 1959 (respondent Suresh), and s.302 IPC with death sentence (respondent No.1 Krishna Singh). Supreme Court held High Court's conclusions sketchy, contrary to evidence, and based on surmises and conjectures; set aside impugned order and remanded to High Court for fresh consideration without expressing opinion on merits. No precedents cited.
What did the court decide?
Appeals allowed; impugned judgment of the Patna High Court set aside and the matter remitted to the High Court for fresh consideration, with no expression of opinion on the merits.