2008 INSC 1179
                                    SUPREME COURT OF INDIA

                                               Haroj Ali Khan

                                                      Vs.

                                             Jahangir Ali Khan

                                           Crl.A.No.790 of 2008

                              (S.B. Sinha and Lokeshwar Singh Panta JJ.)

                                                 02.05.2008

                                                   ORDER

1. Leave granted. Having heard the learned counsel for the parties, we are of the opinion that
the High Court having failed to assign sufficient or cogent reasons for interfering with the
judgment of conviction and sentence passed as against the accused Amjad Ali Khan, Sk.
Harun, Hafizul Sk. and Jahagir Ali Khan under Section 302/149 of the Indian Penal Code,
whereas convicting Mokram Sikari @ Kalu under Section 302 of IPC and at the same time
setting aside the conviction and sentence of Sk. Harun and Mokram Sikari @ Kalu under
Sectin 324/149 IPC, and recording a judgment of acquittal as against the accused Sk. Harun,
Amzad Ali Khan, whereas convicting Mokram @ Kalu under Section 302, and at the same
time acquitting him from other charges; the impugned judgment cannot be sustained and it is
set aside accordingly. The matter is remitted to the High Court for consideration thereof
afresh. We would request the High Court to consider the desirability of disposing of the
matter as expeditiously as possible. The respondents in criminal appeal arising out of
S.L.P.(Crl.) No. 4200/2007 shall continue to remain on bail. The appeals are disposed of with
the aforementioned observation and direction.

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