SC enunciates that once the conviction is confirmed by SC, HC cannot make comments on the investigation and/or merits of the case

 

The division Bench of Justice M.R. Shah and Justice S. Ravindra Bhat of the Apex court in the case of The State of Rajasthan Vs Komal Lodha held that Judicial discipline requires that once the conviction was confirmed by this Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case. 

Brief Facts:

The factual matrix of the case was that the Accused was convicted under Section 302 Indian Penal Code, 1860, and the Trial Court awarded the death sentence. However, the same was commuted to life imprisonment by the High Court and the Bench was also directed to investigate the matter afresh. The matter was carried to this Court by the State against commuting the death penalty to life imprisonment.

Observations of the Court:

It was observed that the High Court is not right even factually in observing that this Court confirmed the conviction without hearing the side of the Accused on merits. Judicial discipline requires that once the conviction was confirmed by this Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case, more particularly, when the conviction was specifically confirmed by this Court and the matter was remitted to the High Court only to consider the sentence,   namely, whether death penalty and/or life sentence or any other appropriate sentence. 

The decision of the Court:

The Hon’ble Court set aside and expunge paragraph 42 of the impugned judgment and order passed by the High Court. The rest of the impugned judgment and order commuting the death penalty to life imprisonment was not interfered with.

Case Title: The State of Rajasthan Vs Komal Lodha

 Case No: Criminal Appeal Nos.  2239 ­ 2240 of 2022

Coram: Hon’ble Justice M.R. Shah and Hon’ble Justice S. Ravindra Bhat

Citation: 2023 Latest Caselaw 20 SC

 

Advocate for Petitioner: Adv. Pragati Neekhra

Advocate for Respondents: Adv. Sridevi Panikkar 

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(With input from news agency language)

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