Case Note & Summary
The case arises from a criminal revision application filed by the father of the deceased victim, Manjusha, challenging the judgment and order dated 28.8.2006 passed by the learned Adhoc Additional Sessions Judge, Gadchiroli, whereby the original accused nos. 1 to 9 were acquitted of offences punishable under Sections 498A, 304B, 201 read with Section 34 of the Indian Penal Code (IPC). The revision applicant, Sheshrao Murkute, was the father of the alleged victim. The State of Maharashtra did not file an appeal against the acquittal, as the Law and Judiciary Department did not consider it a fit case to file an appeal. The revision was preferred by the father, possibly due to emotional outbursts. The learned APP for the State submitted that no appeal was filed. The respondents 2 to 10, through their counsel, argued that the impugned judgment did not suffer from any serious error of law or misappreciation of evidence. The court noted that the revision applicant and his advocate remained absent. After hearing the submissions, the court found no merit in the revision application and dismissed it, upholding the acquittal.
Headnote
A) Criminal Procedure Code - Revision against acquittal - Scope of revisional jurisdiction - The High Court in revision against acquittal can interfere only if there is a serious error of law or perverse appreciation of evidence - Mere possibility of a different view is not sufficient - Held that the trial court's acquittal was based on proper appreciation of evidence and no interference was called for (Paras 2-3).
Issue of Consideration
Whether the impugned judgment of acquittal under Sections 498A, 304B, 201 read with Section 34 IPC suffers from any serious error of law or misappreciation of evidence warranting interference in revisional jurisdiction.
Final Decision
The revision application is dismissed. The impugned judgment and order of acquittal is upheld.
Law Points
- Revision against acquittal
- scope of revisional jurisdiction
- no error of law or fact
- acquittal upheld
Case Details
2011 LawText (BOM) (03) 183
Criminal Revision Application No. 57/2008
Mr D.B. Yengal (APP for Respondent No.1), Mr A.S. Mardikar (Advocate for Respondents 2 to 10)
Shri Sheshrao s/o Vishwanathrao Murkute
The State of Maharashtra and Others
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Nature of Litigation
Criminal revision application against acquittal in a dowry death case
Remedy Sought
The applicant (father of deceased) sought to challenge the acquittal of accused persons under Sections 498A, 304B, 201 read with Section 34 IPC
Filing Reason
The applicant was aggrieved by the acquittal of the accused by the trial court
Previous Decisions
The trial court (Adhoc Additional Sessions Judge, Gadchiroli) acquitted the accused on 28.8.2006
Issues
Whether the impugned judgment of acquittal suffers from any serious error of law or misappreciation of evidence warranting interference in revisional jurisdiction
Submissions/Arguments
The learned APP submitted that no appeal was filed by the State as the Law Department did not consider it a fit case to file an appeal.
The counsel for respondents 2 to 10 submitted that the impugned judgment does not suffer from serious error of law or misappreciation of evidence.
Ratio Decidendi
In a revision against acquittal, the High Court can interfere only if there is a serious error of law or perverse appreciation of evidence. The trial court's acquittal was based on proper appreciation of evidence and no interference was called for.
Judgment Excerpts
It appears that the instant Revision Application was preferred by the father of alleged victim Manjusha, probably due to emotional outbursts.
There was no serious error of law or misappreciation of evidence.
Procedural History
The trial court (Adhoc Additional Sessions Judge, Gadchiroli) acquitted the accused on 28.8.2006. The State did not appeal. The father of the deceased filed a criminal revision application before the High Court. The High Court dismissed the revision on 22.3.2011.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498A, 304B, 201, 34
