IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 51   OF  2010

 (Arising out of SLP(Crl.) No.6347/2009)

SYED AKBAR IRFAN AND ORS.                    Appellant(s)

                    :VERSUS:

STATE OF KARNATAKA                         Respondent(s)

O R D E R

Leave granted.

This appeal is directed against the judgment and  

order  dated  11.6.2009  passed  by  the  High  Court  of  

Karnataka, Circuit Bench at Gulbarga, passed in Criminal  

Appeal No.565 of 2005.  

The appellants herein were charged and tried for  

the commission of offences punishable under Sections 427,  

324, 504, 506 and 307 read with Section 34 of the Indian  

Penal  Code.  On  careful  examination  of  the  oral  and  

documentary evidence on record and the case properties,  

the Trial Court acquitted all the appellants.  

-2-

On an appeal filed by the State, the High Court by  

the impugned judgment set aside the order of acquittal  

and convicted the appellants for commission of offence  

punishable under Section 324 read with Section 34 of the  

Indian Penal Code and sentenced them to pay a fine of  

Rs.5,000 each, in default of payment of fine they were  

directed to undergo simple imprisonment for four months.  

The appellants were further sentenced to pay a fine of  

Rs.2,500/- each under Section 427 read with Section 34 of  

the  Indian  Penal  Code,  in  default  to  suffer  simple  

imprisonment for four months.  

Out of the fine amount totalling to Rs.30,000/-,  

PW-11 Habeeb Mojam and PW-12 Mohd. Miraj, who are said to  

have  suffered  injuries,  were  directed  to  be  paid  

compensation  for  a  sum  of  Rs.25,000/-  and  Rs.5,000/-  

respectively.

We have heard the learned counsel for the parties.  

In view of the facts and circumstances of this case, we  

are  of  the  opinion  that  the  High  Court  being  the  

appellate  Court  in  this  case,  has  not  considered  the  

questions of law and facts after critical scrutiny of the

-3-

evidence  on  record.  The  impugned  judgment,  therefore,  

cannot be sustained which is accordingly set aside and  

the matter is remitted to the High Court for deciding the  

criminal  appeal  afresh  after  hearing  the  parties  and  

considering the evidence adduced by them.

The appeal is disposed of accordingly.

.....................J (DALVEER BHANDARI)

.....................J (A.K. PATNAIK)

New Delhi; January 8, 2010.