More Than Three-Decade-Old Appeals Still Pending: Gujarat High Court Directs State To Streamline Process Governing Criminal Appeals

The Gujarat High Court, observing a backlog of three decades worth of Old Appeals, has directed the State to overhaul the process overseeing criminal appeals.

In their ruling, Justices AS Supehia and Vimal K Vyas emphasized the need for the State authorities to adhere to the court's previous directives, urging them to establish a mechanism for addressing the backlog of old criminal appeals. The court also criticized the State for failing to implement guidelines outlined in previous orders and instructed them to form a committee to address this issue promptly.

The division bench observed, “Acquittal appeals in heinous offences which are more than three decades old are still pending in this Court, apparently the State is major stakeholder. The State cannot remain a mute spectator and ignore the proceedings after they are filed, without owing any responsibility. In case of heinous offences, which affects the society at large, it is the onerous duty of the State under the Constitution of India, to act as guardian and protector of law. By keeping the criminal appeals pending for more than two decades, and without making any attempts to see that the same are put to an end or are heard expeditiously, the State is failing in its sacrosanct duty which directly impacts the social order.”

“In order to see that some mechanism is developed by the State for hearing the old criminal appeals, this Court vide order dated 21.07.2023, passed in Criminal Appeal No.599 of 2013 had requested the State to form a Committee, but it appears that such request has fallen in deaf ears. This Court is conscious of its limitation and the contours of law in which it has to function, but the State cannot simply ignore the observations made in the order. It is high time that the State has to streamline the entire process governing the criminal appeals. The Committee can certainly look into the merits of the old criminal appeals and request the Courts to get the matter listed. With the expectation and hope of productive and meaningful efforts at the end of the State, we do not intend to issue further directions,” the Court concluded.

Background

The above ruling came in a criminal appeal filed under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against an acquittal and conviction of a 73-year-old man for the murder of his wife 27 years ago. The appeal was directed against the judgment and order of acquittal passed by the Additional Sessions Judge, Gondal at Rajkot in a Sessions Case.

The case of the prosecution was that on 29.03.1997 at around 7:35 hours in the morning in Jetpur City at Nava Darwaja in Gondra area, near Kaccha Road, the respondent-accused murdered his wife Savitaben (deceased) by inflicting various blows of knife on account of some proceedings filed by her against him seeking maintenance.

The accused was arrested on 29.03.1997 i.e. on the very same day. The trial Court, after examination of both - ocular as well as documentary evidence, had acquitted the respondent - accused by giving him benefit of doubt.

The key eyewitness, the deceased's brother, testified against the accused, claiming to have witnessed the murder. Despite this, the trial court acquitted the accused, prompting an appeal.

The prosecution asserted that the trial court made a mistake in rejecting the credibility of the eyewitness and dismissing medical evidence. In contrast, the defence argued that the eyewitness's testimony was unreliable, raising doubts about the timing and location of the incident. Additionally, the defence pointed out inconsistencies in the evidence presented.

“The nature of injuries proves that the accused had the intention and knowledge of committing murder of the deceased. His case will fall in first and second clause to Section 300 of IPC. The deceased was brutally assaulted by him with a knife on vital parts. The commission of offence of “murder”, by the accused stands proved. As a sequel, it invites capital punishment as stipulated in Section 302 of IPC,” the Court held in its verdict while allowing the appeal and quashed and set aside the judgment and order of acquittal.

Accordingly, the Court sentenced the accused to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of the fine, the accused was directed to undergo further imprisonment of three months. Record and Proceedings, if any, be returned back to the trial Court concerned, forthwith.

The Court also granted the respondent- accused six weeks for surrendering himself before the concerned trial Court.

Appearance:Mr Dhawan Jayswal, App For The Appellant(S) No. 1Bailable Warrant Served For Opponent(S)/Respondent(S) No. 1 Mr P B Khandheria(5228) For The Opponent(S)/Respondent(S) No. 1

Case No.: R/Criminal Appeal No. 604 Of 1999

Case Title: State Of Gujarat Vs Jivrajbhai Ramjibhai Koli

LL Citation: 2024 Livelaw (Guj) 39

Click Here To Read/Download The Judgment