NARAYAN NATHU NAIK versus STATE OF MAHARASHTRA

Citation: [1971] 1 S.C.R. 133 · Decided: 25-03-1970 · Supreme Court of India · Bench: M. HIDAYATULLAH · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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NARAYAN NATHU NAIK 
v. 
STATE OF MAHARASHTRA 
March 25, 1970 
[M. HIDAYATULLAH, C.J. AND A. N. GROVER, J.] 
Code of Criminal Procedure (Act 5 of 1898)-High Court-Record-. 
ing of reasons in appeals. 
First lnfor111ation Report-Written on plain pc.per, and then copied 
into register-Propriety. 
The first information report in a murder case was written on a piece 
of paper, and was copied mto the register for first information reports. 
The Sessions Judge convicted the appellant on the. evidence, even though 
the first information report was not recorded in the prescribed form. 
His 
appeal to the High Court was summarily dismissed although the High 
('ourt reC'orded a brief note of the arguments which were raised before it 
and the replies to those arguments repelling them. Dismissing the appeal, 
this Court 
HELD : The High Court need not have recorded reasons if it was 
satisfied that the case was one for dismissal but if it thought that it had 
to go into the evidence aml had to discuss it, the proper course would have 
been to set the case down for a proper hearing and to give a considered 
judgment in the case. The first information report was properly written. 
Several first information reports are recorded on plain pieces of paper 
and then transcribed into the first information report register. 
In fact if 
a \Vritten report is brought. it is verb(ltint copied into the first informa-
tion report register. 
In this case there was nor time to bring a false case 
against the appellant and to let the real assailant escape. [134 C; 135 E-F] 
On the evidence, the appellant was rightly convicted. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
97 of 1968. 
Appeal by special leave from the judgment and order dated 
April 24, 1967 of the Bombay High Court in Criminal Appeal 
No. 317 of 1967. 
R. M. Hazarnavis, K. L. Hathi and P. C. Kqpoor, for the 
appellant. 
M. S. K. Sastri and S. P. Nayar, for the respondent 
The Judgment of the Court was delivered by 
Hidayatullah C.J.-This is an appeal by Narayan Nathu Naik 
who was tried by the Sessions Judge, Thana for the murder of one 
Rattan on the night following 18th March, 1966 at about mid-
night. 
He was convicted by the Sessions Judp:e under s. 302. 
134 
SUPREME COURT REPORTS 
(1971] 1 S.C.R. 
,of the Indian Penal <:ode and sentenced to imprisonment for 
life. 
His appeal to the High Court was summarily dismissed 
.although the High Court recorded a brief note of the arguments 
which were raised before it and the replies to those arguments 
repelling them. 
It is contended in this case that the appellant 
was entitled to at least one appeal and that 
his 
first 
appeal 
. should have been properly considered in the High Court and 
the judgment of the High Court, 
which 
according 
to ·.the 
Jearned counsel, reads like a dialogue between the court and 
.counsel, is no judgment at all. 
It appears that special leave 
was probably granted in this case, because of the unsatisfactory 
manner in which reasons were recorded. 
The High Court need 
not have recorded reasons if it was ·satisfied that the case was 
. one for dismissal but if it thought that it had to go into the 
evidence and to discus it, the proper course would have been 
to set the case down for a proper hearing and to give a con-
sidered judgment i.n the case. 
We have considered this case on 
.the evidence brought against the appellant and we are satisfied 
,that the appeal must fail. 
We give our reasons briefly. 
There is some evidence that the appellant Narayan Nathu 
'Naik and the deceased Rattan had some quarrel over property. 
This, it is contended,. was somewhat old and not very serious 
and that nothing untoward had happened, for the ~ppellant to 
.have suddenly embarked upon the murder of Rattan. 
We need 
not wnsider the question of motive in this case if we 
are 
satisfied that the evidence that Narayan Nathu Naik was 
the 
assailant of Rattan, 
is 
acceptable. 
The 
Medical 
evidence 
· showed that Rattan died of a single injury which was 
a stab 
wound through the heart. 
The left ventricle was cut and the 
heart was drained of all blood. 
The pericardium had also 
a 
tear but on its upper reach and the evic!ence of the doctor who 
performed the autopsy shows that the pericardium was full of 
'blood. The clothes of the deceased were also profusely stained 
but no blood was found inside the house where the deceased 
was first sleeping, but some blood was found at the 

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