2002 INSC 0154
                                    SUPREME COURT OF INDIA

                                                 State of U.P.

                                                      Vs.

                                          Kamarujjama @ Malva

                                           Crl.A.No.289 of 2002

                        (Syed Shah Mohammed Quadri and S.N. Variava JJ.)

                                                 25.02.2002

                                                   ORDER

Syed Shah Mohammed Quadri, J.

1. Leave is granted.

2. The State of Uttar Pradesh is in appeal against the Judgment of the High Court of
Allahabad in Criminal Appeal No. 361/1996 dated November 29, 1999. The impugned
Judgment reads as follows:-

        "Heard learned A.G.A. and perused the impugned judgment. After perusal of the
        judgment, we do not find any good ground to interfere with the impugned judgment
        challenged in this appeal. The leave sought is refused, the appeal is accordingly
        rejected."

3. Having heard the learned counsel for the parties and perused the impugned judgment, we
are of the view that as the accused was acquitted charges under Sections 147, 148 & 302/149
IPC by the trial court, the High Court in appeal should have considered the merits of the case
and recorded the reasons for its decision. The judgment quoted above is bereft of reasons and
falls short of the requirements of a speaking order. A confirming judgment need consider the
contentions urged before the court and record reasons for agreeing with the order under
appeal. We are therefore constrained to set aside the said judgment, restore the appeal to the
file of the High Court and remit the case to the High Court for fresh disposal in accordance
with law.

The appeal is accordingly allowed.

Appeal allowed.

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