Crimes paper

SUMMARY OF ARGUMENTS
Whether the appeal to the Hon'ble Supreme Court of India Under Art. 132 r/w. Art. 134-A of the Constitution of India is maintainable or not?
It is humbly submitted before this Hon'ble Supreme court that the appeal filed by the appellants under Art. 132 read with 134-A of the constitution is maintainable as the Hon'ble High Court has failed to take cognizance of circumstantial evidence available on record and thus onus is upon this Court to look into the evidence and circumstances and deliver justice.

ARGUMENTS ADVANCED

Whether the appeal to the Hon'ble Supreme Court of India Under Art. 132 r/w. Art. 134-A of the Constitution of India is maintainable or not?
It is humbly submitted before this Hon'ble court that the appeal filed by the Appellant in this instant case is maintainable under Art. 132 r/w. Art. 134A and the high court has erred in its judgement and has not properly taken into account the material evidence and facts available on record against the accused. The Trial Court had held the accused guilty and the High Court had reversed the judgment for the reasons best known to it. Thus it is not a concurrent judgment and it is well within the Prosecution's right to appeal to this Hon'ble Court on which the "finality of order" vests. The onus is upon this Court to reappraise the evidence available on record and look into the facts of the case and reverse the order. Also it is pertinent ot note that the reason for reversal on conviction order of the Trial Court made by the High Court is bereft of any substance and the evidence has been erroneously rejected as an interested witness. Thus this Hon'ble Court is duty bound to reappraise the evidence and look into the case by admitting the appeal.
SUBMISSION (A):

The conditions for a criminal appeal under Article 134A are hereunder:

The subject of appeal is a judgment, decree or final order.

The High Court grants a certificate for such appeal which is at the discretion of the High Court that the case is a fit one for decision of the Supreme Court on appeal, provided, the case involves

a substantial question of law .


When nothing remains to be tried and the rights in dispute between the parties have already been determined, the order is a final order within the meaning of Article 134A of the Constitution. If the decision on an issue puts an end to the proceeding, the order is undoubtedly a final one.

An order is a final order if it satisfies the following tests:

It should not be interlocutory.

That there should be a final determination of the rights of the parties or should of its own force dispose of the rights of the parties.
3. The fact that the controversy still remains alive is considered irrelevant.An order, though not conclusive of the main dispute may be conclusive as to the subordinate in respect of which it is issued.


It is humbly contended that in the present case, The Defendants had filed an appeal to the High Court seeking a reversal on conviction order of the Trial Court. The High Court had subsequently acquitted the Defendants. This dismissal amounts to a final order as it was a final decision relating to the rights of the Defendants and there was a final determination of the rights of the parties.

In State Of Uttar Pradesh vs R. B. Agarwal it was held by the Court that,

" If an accused person is convicted by the trial court and on appeal to the High Court, his conviction is set aside the State is entitled to apply to the High Court for certificate underArt.134(1)(c). Such an application cannot be rejected in liminie on the ground that it is incompetent; it has to be entertained and considered and decided on the merits."

SUBMISSION (B):

Erroneous approach of the court in appreciating the evidence Adduced:

It is humbly submitted before this Hon ble Supreme Court that the high court has erred in its duty to appreciate the evidence produced. In the instant case, the witness of PW1 was held to be interested witness just because of he is related by blood to the deceased. The High Court had admitted the appeal against conviction and had ordered in favour of the appellants on the ground that the witness deposed was fabricated. It is humbly contended before this Hon'ble Court that the best evidence available on record after close scrutiny must be taken into consideration by the Court. The onus lies on the Defendants (Tashi & ors.) to prove that the evidence was fabricated one. But it is nowhere recorded in the facts that the Defendants had produced any evidence in their favour to refute the strong evidence adduced by the Prosecution. In such circumstances the evidence adduced must be taken into consideration by the Court and the High Court has erroneously ordered the acquittal of the accused bereft of any substances. Thus this Hon'ble Court is duty bound to admit this appeal in the interest of justice.



Jethanand& Sons v. State of Uttar Pradesh, AIR 1961 SC 794
Mohan LalMaganLal Thacker v. State of Gujarat, AIR 1968 SC
733 3Bhagwan v. I.T.O., AIR 1959 All 8000

Saifuddin v. State of Bombay, AIR 1958 SC 253
Prem Chand Satramdas v. State of Bihar, AIR 1951 SC 14

Amar Nath And Others State Of Haryana, 1977 AIR 2185 : 1978 SCR (1) 222
Mohan LalMaganLal Thacker v. State v. State Of Haryana, 1977 AIR 2185 : 1978 SCR (1)
966 AIR 1135, 1966 SCR (3) 462