Case Note & Summary
The dispute arose from a murder trial where the appellants were acquitted by the Additional Sessions Judge on the grounds of benefit of doubt. The respondent, son of the deceased, challenged this acquittal in the High Court through a criminal revision petition. The High Court set aside the acquittal and ordered a re-trial, leading to the appellants' appeal to the Supreme Court. The appellants contended that the High Court had overstepped its revisional jurisdiction by re-evaluating evidence and setting aside their acquittal. The Supreme Court analyzed the scope of the High Court's revisional powers, emphasizing that such powers should only be exercised in exceptional cases of manifest illegality or glaring injustice. The Court found that the trial court's judgment did not suffer from any such illegality and that the High Court's interference was unwarranted. Consequently, the Supreme Court allowed the appeal, restoring the acquittal of the appellants and setting aside the High Court's order for re-trial.
Headnote
A) Criminal Procedure - Revisional Jurisdiction - Limits of High Court's Power - Criminal Procedure Code, 1973, Section 439 - The High Court exceeded its revisional jurisdiction by setting aside the acquittal of the appellants without manifest illegality in the trial court's judgment. The court emphasized that the revisional power should be exercised sparingly and only in glaring cases of injustice. Held that the acquittal should be restored as the trial court's findings were not perverse (Paras 195-197).
Issue of Consideration
Whether the High Court exceeded its revisional jurisdiction in setting aside the order of acquittal and directing a re-trial.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and restored the acquittal of the appellants.
Law Points
- Revisional jurisdiction
- acquittal
- re-appreciation of evidence
- Criminal Procedure Code
- 1973
- Section 439
