Case Note & Summary
The appellant, Govind Sambhaji Hanmante, the father of the deceased victim, filed an appeal against the acquittal of respondents 2 to 6 (original accused) by the Sessions Court, Nanded, in Sessions Case No. 159/2013. The trial court had acquitted the accused of charges under Sections 302, 307, 324, 143, 147, 148, 149, 504, 506 of the Indian Penal Code, 1860, and Section 135 of the Bombay Police Act, 1951. The appellant contended that the trial was not fair because the trial court failed to comply with Section 313 of the Code of Criminal Procedure, 1973, by not putting incriminating circumstances to the accused, and also failed to examine material witnesses, including the doctor who treated the deceased and panch witnesses. The High Court examined the trial court's record and found that the examination under Section 313 CrPC was perfunctory and did not cover all incriminating evidence. Additionally, the trial court acquitted the accused without examining crucial witnesses, which deprived the prosecution of the opportunity to prove its case. The High Court held that these procedural irregularities vitiated the trial and rendered the acquittal unsustainable. Consequently, the High Court allowed the appeal, set aside the acquittal, and remanded the case to the trial court for retrial, directing that the trial be conducted afresh in accordance with law, ensuring compliance with Section 313 CrPC and examination of all material witnesses. The court also directed that the trial be expedited and concluded within six months.
Headnote
A) Criminal Procedure - Section 313 CrPC - Fair Trial - Non-Compliance - The trial court failed to put incriminating circumstances to the accused during examination under Section 313 CrPC, which is mandatory and cannot be dispensed with. The omission vitiates the trial as it deprives the accused of an opportunity to explain and the court of a fair assessment. (Paras 10-12) B) Evidence - Examination of Witnesses - Material Witness - Non-Examination - The trial court acquitted the accused without examining material witnesses cited by the prosecution, including the doctor who treated the victim and the panch witnesses. This failure to examine crucial witnesses renders the trial incomplete and the acquittal unsustainable. (Paras 13-15) C) Criminal Procedure - Right of Victim - Appeal Against Acquittal - Section 372 CrPC - The appellant, as the victim's father, has a statutory right to appeal against acquittal under Section 372 CrPC. The High Court, in exercise of its appellate jurisdiction, can set aside an acquittal if the trial is found to be unfair or illegal. (Paras 1-3) D) Criminal Procedure - Retrial - Remand - When the trial is vitiated due to procedural irregularities such as non-compliance with Section 313 CrPC and non-examination of material witnesses, the appellate court may set aside the acquittal and remand the case for retrial to cure the defects and ensure a fair trial. (Paras 16-18)
Issue of Consideration
Whether the trial court's acquittal of the accused was vitiated due to non-compliance with Section 313 of the Code of Criminal Procedure, 1973, and failure to examine material witnesses, thereby denying the appellant/victim a fair trial.
Final Decision
The High Court allowed the appeal, set aside the judgment of acquittal passed by the Sessions Court, Nanded, and remanded the case back to the trial court for retrial. The trial court was directed to conduct the trial afresh in accordance with law, ensuring compliance with Section 313 CrPC and examination of all material witnesses. The trial was to be expedited and concluded within six months.
Law Points
- Section 313 CrPC mandatory
- fair trial
- right to cross-examine
- non-examination of material witnesses
- acquittal set aside
- retrial ordered
