Law:

Section:

Criminal Procedure Code (V of 1898), S. 423-Criminal appeal ­Counsel for appellant on date of hearing not pressing appeal on merits but requesting Court to consider question of sentence only---High Court acceding to request and without entering into merits of appeal, dismissing same but reducing sentence imposed-Held, provisions of S. 423 contravened-High Court under duty to dispose of appeal on merits after examining evidence on record--Order passed by High Court set aside and appeal remanded for disposal in accordance with law. Even in a case where a criminal appeal is not pressed on merits and it is pressed only on the question of sentence, it is the duty of the Court itself to examine the evidence on the record in order to find out whether the conviction of the appellant is proper or not. Merely because the counsel for the appellant has not pressed the appeal on merits, the High Court is not relieved of its duty to peruse the record in order to find out whether there is ample evidence against the appellant to convict him for the offence for which he has been charged. This is necessary to secure due and efficient administration of. justice and also to show that the Court has applied its mind to the facts of the case and has reached on its own conclusion on the dispute between the parties. The Queen v. Roop Gowalla 15 W R 42 ; Parmeshur Lal v. Mst. Rukmin and another A I R 1925 Oudh 305; Emperor v. Sursing Mathuradas 1 Cr. L J 939; King-Emperor v. Dahu Raut A I R 1935 P C 89; Khalil and others v. The Crown P L D 1953 S C 133; Muhammad Ashiq Faqir v. The State P L D 1970 S C 177; Ramzan Ali v. The State P L D 1967 S C 545 and Rabari Ghela Jadav v. State of Bombay A I R 1960 S C 748 ref. Cr. A. No. 1-D/1970 Abu Backkar, Advocate-on-Record for Appellant. Shahabuddin Ahmad, Advocate Supreme Court, instructed by S. S. Hoda, Advocate-on-Record for the State. Cr. A. No. 14-D/1970 Farid Ahmad, Advocate Supreme Court instructed by S. M. Huq, Advocate-on-Record for Appellant. Shahabuddin Ahmad, Advocate Supreme Court instructed by S. S. Hoda, Advocate-on-Record for the State. Cr. A. No. 15-13/1970 Khondker Mahbobuddin Ahmad, Advocate Supreme Court (Humayun Kabir…

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