AIR 1987 SUPREME COURT 535 ::1987 CriAppR(SC) 25 ::1986 CurCriJ 310 ::(1987) MahLR 25 ::1987 ChandLR(Civ&Cri) 368 ::(1986) AllCriC 565 ::1987 FAJ 89 ::(1987) AllCriR 1 ::1986 (4) SCC 436 ::1986 SCC(Cri) 500 ::1987 (1) RecCriR 371 ::1987 (89) Bom LR 21 ::(1987) 2 Bom CR 496 ::(1986) Mah LJ 994 ::(1986) 3 FAC 103 ::(1986) 3 SCJ 660 ::1987 (1) SCWR 28 ::(1987) SC Cr R 1 ::(1987) EFR 89 ::1986 JT 653

Supreme Court Of India

(From : Bombay )

Hon'ble Judge(s): M. P. Thakkar, K. N. Singh , JJ

Bombay High Court (Appellate Side) Rules (1960) , R.1, R.2-II(e)— Criminal appeal-Hearing of-Forum - Appeal against acquittal of accused in respect of offense punishable with imprisonment exceeding two years- Appeal can be heard by Division Bench of High Court and not by a single judge. Cr. Appeal No. 90 of 1983, D/- 13-6-1986 (Bom), Reversed. What can be done only by at least two judges cannot be done by one Judge. Even if the decision is right on merits, it is by a forum which is lacking in competence with regard to the subject matter. Even a 'right' 'decision by a' 'wrong' forum is no decision. It is non-existent in the eye of law. And hence a nullity. Thus where the appeal against the acquittal of accused in respect of offence punishable with a sentence of imprisonment exceeding two years was heard by the single judge of the High Court ,though under Rules it was required to be heard by a Division Bench of the High Court, the order setting aside the acquittal, passed by the single judge setting aside the acquittal in such appeal would be liable to be set aside. Cr. Appeal No. 90 of 1983, D/- 13-6-1986 (Bom), Reversed. AIR 1982 SC 800, Rel. on.(Para 4) .....