Case Note & Summary
The case originated from an incident where the original accused, Devidas Ramchandra Gade, was convicted by the Judicial Magistrate First Class, Pune, under Section 324 of the Indian Penal Code for causing hurt by a dangerous weapon. The trial court sentenced him to six months rigorous imprisonment and a fine. On appeal, the Additional Sessions Judge, Pune, acquitted the accused, setting aside the conviction and sentence. The original complainant, Bablu Hiraman Landge, and his mother, Mainabai Landge, who was an eyewitness, filed a criminal revision application before the Bombay High Court challenging the acquittal. However, during the pendency of the revision, both the original applicants died. An application was filed to bring on record Smt. Papita Kalyani Mane as the legal heir, but the court found that she was not a legal heir of the deceased applicants. The court noted that the revision had abated due to the death of the complainants and the failure to substitute a proper legal heir within the period of limitation. Consequently, the High Court dismissed the revision application as abated, without going into the merits of the acquittal. The court held that the criminal revision cannot survive after the death of the complainant unless a legal heir is brought on record in time. The judgment reaffirms the principle that criminal revisions abate upon the death of the complainant, and the acquittal of the accused stands confirmed.
Headnote
A) Criminal Procedure Code - Abatement of Revision - Death of Complainant - Criminal revision application abates upon death of the complainant if no legal heir is substituted within the period of limitation - The court held that the revision filed by the original complainant and his mother abated as both died and the applicant seeking substitution was not a legal heir - Held that the revision cannot proceed (Paras 1-3). B) Indian Penal Code - Section 324 - Hurt by Dangerous Weapon - Acquittal - The appellate court had set aside conviction under Section 324 IPC on merits - The revision against acquittal was dismissed as abated, without examining merits - Held that the acquittal stands (Paras 2-3).
Issue of Consideration
Whether the criminal revision application survives after the death of the original applicants and whether the acquittal of the accused under Section 324 IPC was proper.
Final Decision
The Criminal Revision Application is dismissed as abated. The acquittal of the respondent No.1 stands confirmed.
Law Points
- Criminal revision abates on death of complainant
- Legal heir substitution must be within limitation
- Section 324 IPC requires proof of hurt caused by dangerous weapon
