LexKRISHNA VITHU SUROSHE versus STATE OF MAHARASHTRA
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I c D KRISHNA VITHJJ SUROSHE p, STAIB OF MAHARASHTRA August 30, 1973 [H, R. KHANNA AND A. ALAGIIUSWAMI, JJ.J 567 Code oj Criminal Proceaure 1898, s. 421-High Court's power 10 disntiss appeal in limine. Th appellant was convicted of murder by the Trial Court. He appealed to the High Court contending, inter alia, that he had not been mentioned aa an offender by two of the eye-witnesses of the occurrence.. The High Court dismis!ICd the apptal in limint!. Allowing the .appeal to this Court, HELD : It is true that under s. 421 Code of Criminal Procedure Code the High Court can dismi~ an appeal in limine if, on a perusal of the petition of appeal and the judgment appealed from, it were. to form the vie\V that there was no sufficieQt reason for its interference. At the same time, it is now settled law, repeatedly laid down by this Court in a series of decisions, that the HiJ!h Conrt would not be justified in dismissing summarily and without a s~aking order an appeal which raises arguable questions either an points of law or on points ·of fact. f569Al In the present case the appellant had an arguable case and the High Court was not justified in di!imi&sing summarily the appeal of the appellanL SIU1ikli Mch1. Ali v. Stott of Maharashtra, A.l.R. 1973 S.C. 43 and Kapur .. clwnJ Kesrimal Jai11 v. State of Maharashtrq. A.lR. 1973 S.C. 243, applied. Chittaranjan Das v, Stale of West Bengal, [1964] 3 S.C.R. 237, held inlpplic· E able. ' G H CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 96 of 1973. Appeal by special leave from the judgment and ordea' dated 4th December, 1972 of the Bombay High Courf at Bombay in Qimi- nal•Appeal No. 14~9 of 1972. Y. S. Chille, V. N. Ganpule and P. C. Kapur, for the ~ppellant, H. R. Khanna and M. N. S/lt'ofl, for the respondent 1 he. Judgment of the Court was deUvered by KHANNA, I. J anardhan Narayan Suroshe and Krishna Vithu Suroshe were convicte,1' by the Additional Sessiona J ~ Thana under section 302 Indian· Pena1 ·Gide on the alleghtion that they had came.I the deiith of Bhaskar Narayan Suroshe. Each of them was sentenced to: undergo impri$0lllllent for life. Krishna Vithu Suroshe filed an appeal against the judgment of the trial court but the same. was diSlllis- s!id summarily by the. Bombay High Court. Krishna Vrtbu SurO!!he thereafter filed the present appeal ro this Court by special leave. At tlie time the leave was granted it Wll$ directed that the appeal wonk! be" limited qnly to the ground wherein .it had been stated that the High Court should not bave dismissed the· appeal in /imine. 568 SUPREME COURT REPORTS [19741 1 s.c.ll. Bhaskar Narayan Suroshe was the brother of Janardhan Narayan Suroshe accused. The housCf! of Bhaskar Narayan Suroshe and Janardhan Narayan Suroshe are situated in village Raite and there intervenes a small lane between the two houses. On March 24, 1972 at about 9 p.m., it is stated, the two accused started abusing Bhaskar deceased. Bhaskar then came to the. kitchen of his house and stand- ing in the door of the kitchen he also abused the accused. The exchange of abuses went on for about 10-15 minutes. J anardhan accused, according to the prosecution, than came forward and gave a b'.ow with· a long knife in the abdomen of Bhaskar: J anardhan also tried to pull Bhaskar. Krishna Vithu Suroshe appellant then gave a blow with a Jong knife in the back'of Bhaskar. The occurrence, it is stated, was witnessed by Parvatibai and J anabai, the two wives of Bhaskar deceased as well as by his daughter Lata. Pandurang, servant of Bhaskar, was also attracted to the place of occurrence. Bhaskar was thereafter taken in a cart to Govili dispensary. The doctor incharge of the dispensary advised that Bhaskar should be removed to the hospital. Bhaskar was thereafter taken in a taxi to Kalyan but by the time they arrived in the hospital at Kalyan, Bhaskar was declared to be dead. Report about the occurrence was lodged by Parvatibai at Kalyan police station at 11.45 p.m. · At the trial Parvtibai, Janabai and Lata gave oCular evidence regarding the. occurrence. The appellant in his statement under section 342 Code of Criminal Procedure denied his presence at the sceoc ·of oocurrence !llld his participation in the assault on Bhaskar deceased. According 1o the appellant, he was falsely involved in this case at the instance of Haribabu with whom the appellant had business rivalry. Haribabu i
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