The bench comprised of Justice D Y Chandrachud, Justice Surya kant and Justice Vikram nath hearing special leave petition filed in 2020 against the conviction order passed by the session judge, Badaun upheld by the Division bench of Allahabad High court. the accused was convicted by the court under section 149 and section 302 of Indian Penal code and sentenced to life imprisonment and two years rigorous punishment under section 148 of IPC.

The court observed the petitioner lawyer was fumbling while giving facts of the case before the judges, then the judges gave him some points to remember regarding good art of presenting criminal appeal and how to argument it.

  • You should narrate the facts of the case like a fictional writer narrates his fictional story; lawyer should remember the fats of the case by heart like a fictional writer.
  • When the lawyer is presenting special leave petition against conviction. He should not begin his case with the judgment of high court against which he came before the court. For unbiased decision from the court and uninfluenced by the reasoning given by the high court.
  • Citing the judgment can cause serious damage to the case of petitioner.
  • Judges requested lawyers to not to seek pass over from the court as the court is giving its important judicial time to case and if ones the case rolled over, it will not come soon again for hearing and that will not be good for parties.
  • Discuss about the crucial evidence and its nature.
  • You should not read the statement of witness you just made your point which you want to make against such statement. When we read the file we have your points in back of our mind.
  • And for better knowledge discuss with senior lawyer.

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