Case Note & Summary
The dispute arose from a criminal case where the State of Andhra Pradesh appealed against the acquittal of two respondents convicted for murder under section 302 read with section 34 of the Indian Penal Code. The Sessions Judge had sentenced the respondents to life imprisonment, but upon appeal, a Division Bench of the High Court found that while the accused caused injuries, they differed on the nature of the offence. The case was referred to a third Judge under section 429 of the Code of Criminal Procedure, 1898, who concluded that there was no sufficient motive for the accused to commit the offence and found the evidence of the key witness to be unreliable, leading to their acquittal. The State contended that the third Judge lacked the authority to overturn the concurrent finding of guilt by the Division Bench. The Supreme Court dismissed the appeal, affirming that the third Judge acted within his jurisdiction and that his conclusions regarding the evidence were not unreasonable. The court emphasized that section 429 allows the third Judge to address the entire case and not just the points of difference between the other two Judges, thus validating the acquittal (Paras 1-6).
Headnote
A) Criminal Procedure - Jurisdiction of Third Judge - Authority to Acquit - Code of Criminal Procedure, 1898, Section 429 - The third Judge, upon referral, is empowered to resolve differences between Judges and can acquit if he finds the evidence insufficient. The court held that the third Judge did not exceed his jurisdiction in acquitting the accused based on a thorough evaluation of the evidence presented (Paras 1-2).
Issue of Consideration
Whether the third Judge had the authority to acquit the accused despite the concurrent finding of guilt by two Judges of the Division Bench.
Final Decision
The Supreme Court dismissed the appeal by the State of Andhra Pradesh, affirming the acquittal of the respondents by the third Judge under section 429 of the Code of Criminal Procedure, 1898.
Law Points
- Jurisdiction of third Judge
- Section 429 Code of Criminal Procedure
- 1898
- Acquittal standards
- Evidence evaluation
- Judicial discretion
