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Supreme Court of India was dealing with the appeal against the judgment and orderdated 22.06.2012 passed by the High Court of Judicature of Andhra Pradesh atHyderabad in Criminal Appeal, whereby the High Court has dismissed the criminal appeal and upheld the judgment dated 04.04.2008 passed by the Trial Court.
Appellant’s Contention:
Learned counsel for the appellant submitted that the presence of eyewitnesses in the place ofoccurrence is very doubtful and incredible in the circumstances and becomesfurther incredible as none of the so-called eyewitnesses is even able to describethe weapon of the offence, despite the prosecution case being that the appellantwas apprehended by the crowd but still he managed to run away.It was furthersubmitted that the inquest report clearly shows that the alleged eyewitnessesmerely expressed their doubt with respect to the appellant that, due to previousenmity the appellant might have killed the victim and this shows they only had asuspicion and were not witnesses to the incident.
Respondent’s Contention:
Learned Counsel for the RespondentState has duly supported the conviction and sentencing of the Appellant withreference to the material on record and as regards the conviction of theAppellant, it was submitted that the judgment passed by the Trial Court and theHigh Court after thorough appreciation of the evidence does not suffer from anyinfirmity and call for no interference. There are no grounds made for reversal ofthe conviction.It was further submitted that the conviction of the Appellant in the presentcase is based on the testimony of four eye-witnesses and the same is absolutelyconsistent and reliable.
SC’s Observations:
After hearing both the sides SC stated thatArticle 136 of the Constitution of India is an extraordinaryjurisdiction which this Court exercises when it entertains an appeal by specialleave and this jurisdiction, by its very nature, is exercisable only when thisCourt is satisfied that it is necessary to interfere in order to prevent grave orserious miscarriage of justice.
SC stated that it is well settled by judicial pronouncement that Article 136 is worded inwide terms and powers conferred under the said Article is not hedged by anytechnical hurdles. This overriding and exceptional power is, however, to beexercised sparingly and only in furtherance of cause of justice. Thus, when thejudgment under appeal has resulted in grave miscarriage of justice by somemisapprehension or misreading of evidence or by ignoring material evidencethen this Court is not only empowered but is well expected to interfere topromote the cause of justice.
SC stated that “this Court does not function as a regular Court of Appeal in every criminal case. Normally, the High Court is a final court of appeal and this Court is only a court of special jurisdiction. This Court would nottherefore reappraise the evidence to determine the correctness offindings unless there are exceptional circumstances where there ismanifest illegality or grave and serious miscarriage of justice, forexample, the forms of legal process are disregarded or principles ofnatural justice are violated or substantial and grave injustice hasotherwise resulted.”
SC Held:
After evaluating submissions made by both the parties the SC held that “Having considered the aforesaid facts of the present case in juxtaposition with the judgments referred to above and upon appreciation of evidence of theeyewitnesses and other material adduced by the prosecution, the Trial Court aswell as the High Court were right in convicting the appellant for the offenceunder Section 302 IPC. Therefore, we do not find any ground warranting interference with the findings of the Trial Court and the High Court.”
Case Title: MekalaSivaiah v. The State of Andhra Pradesh
Bench: J Dinesh Maheshwari and J. Krishna Murari
Citation: CRIMINAL APPEAL NO. 2016 OF 2013
Decided on: 15th July, 2022
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