Case Note & Summary
The case involved an appeal by the State of U.P. against the acquittal of two brothers, Rashid and another, who were convicted for the murder of Ishwar Singh under Section 302 read with Section 34 of the Indian Penal Code (IPC). The incident occurred on March 22, 1980, when Ishwar Singh was shot by the respondents while returning home. Eyewitnesses testified to the shooting, leading to the trial court convicting the respondents and sentencing them to life imprisonment. However, the High Court set aside this conviction, concluding that the evidence was based on inferences and probabilities rather than established facts. The Supreme Court found that the High Court's judgment was flawed, as it disregarded the medical evidence and the testimonies of eyewitnesses, leading to a conclusion that was not supported by the evidence on record. The Supreme Court noted that the High Court had reconstructed the evidence and made findings that were not warranted, thus exercising jurisdiction under Section 378 of the Code of Criminal Procedure with material irregularity. The Court decided to remit the matter back to the High Court for a fresh hearing on merits, emphasizing the need for a thorough consideration of the evidence. The Supreme Court requested the High Court to expedite the hearing of the appeal, ideally within three months.
Headnote
A) Criminal Law - Acquittal - High Court's Error in Acquittal - Code of Criminal Procedure, 1973, Section 378 - The High Court acquitted the respondents by ignoring the probative value of the FIR and the reliable testimony of eye witnesses, leading to a judgment based on surmises rather than evidence. The Supreme Court held that such an approach constituted a material irregularity and necessitated setting aside the High Court's judgment (Paras 10-11).
Issue of Consideration
Whether the High Court erred in acquitting the respondents by ignoring the evidence on record and basing its decision on surmises and probabilities.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the case for a fresh hearing on merits, requesting expedited proceedings.
Law Points
- appreciation of evidence
- medical evidence
- FIR probative value
- jurisdiction under Section 378
- re-appreciation of evidence
