The Supreme Court on Tuesday set aside the Karnataka High Court's judgement which reversed acquittal of two persons without hearing them on sentence in a case related to rioting and murder on the date of Lok Sabha elections in 1999 at Mangaluru, Dakshina Kannada.
A bench of Justices V Ramasubramanian and Pankaj Mithal noted the high court under law was to hear the accused on the quantum of sentence in accordance with the mandate of Sub Section (2) of Section 235 of the Criminal Procedure Code before pronouncing any sentence against them.
The high court in exercise of its appellate jurisdiction could not have interfered with the acquittal of the accused persons Krishnappa Naika alias Kittu Naika and Fedrick Cutinha, who have been convicted under Section 302 read with Section 34 of the IPC, the top court said.
"There is no room to doubt the powers of the appellate court and that it has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded," the bench said.
The principle of according opportunity of hearing to the convict before sentencing him is equally applicable where the sentencing is done by the appellate court, the bench added.
In the case at hand, the trial court had acquitted the two accused but they were convicted by the appellate court.
The matter related to an incident on September 11, 1999 on polling day for the Lok Sabha and Assembly Elections in the District.
Following a property dispute between Umanath Naika and his brother Krishnappa Naika, death of Lingappa Naika was caused with knife.