JAI SINGH versus SARWAN SINGH & OTHERS

JAI SINGH versus SARWAN SINGH & OTHERS

The High Court disposed of the criminal appeal in an extraordinary manner by acquitting the accused without considering the evidence, and such action is impermissible as the offence of murder cannot be compounded. The appeal was remanded for proper disposal according to law.

Parties
Appellant: Jai Singh; Respondents: Sarwan Singh & Others
Jurisdiction
India
Judgment Date
14 November 1983
Procedural Posture
Criminal Appeal / Remand to High Court
Outcome
Appeal remanded; High Court judgment and subsequent order set aside; earlier judgment restored; criminal appeal remanded for disposal according to law.
Legal Topics
Appeal Against Conviction, Acquittal Without Considering Evidence, Compounding of Offences, Judicial Procedure

Case Brief

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Parties

Jai Singh

Appellant

Sarwan Singh & Others

Respondents

Procedural Posture

Criminal Appeal / Remand to High Court

  1. 1 Whether the High Court can acquit accused in a criminal appeal without considering evidence on record
  2. 2 Whether murder can be compounded

Ratio Decidendi

The High Court disposed of the criminal appeal in an extraordinary manner by acquitting the accused without considering the evidence, and such action is impermissible as the offence of murder cannot be compounded. The appeal was remanded for proper disposal according to law.

Court Disposition

Appeal remanded; High Court judgment and subsequent order set aside; earlier judgment restored; criminal appeal remanded for disposal according to law.

Orders

  • Set aside judgment of High Court dated July 29, 1982.
  • Set aside order passed in Second Appeal No. 741 of 1978.