Case Note & Summary
The case involves a criminal revision application filed by Nilesh Nagawade, the original complainant, against the judgment of the Additional Sessions Judge, Shrigonda, which set aside the trial court's acquittal in RCC No.204/2010 and directed a fresh trial. The dispute arose from an incident on 17.06.2010 involving assault between relatives over agricultural land. Two cross-FIRs were registered: Crime No.143/2010 by Nilesh against Baban Murkute and others, and Crime No.146/2010 by Alka Murkute against Nilesh and his family. The trial court decided the cases separately, acquitting the accused in both. Nilesh appealed the acquittal in RCC No.204/2010, while no appeal was filed against the acquittal in RCC No.203/2010. The appellate court set aside both judgments and remanded for fresh trial together. The High Court upheld this order, finding no illegality in the appellate court's direction to try the cases together, as per settled principles. The revision was dismissed.
Headnote
A) Criminal Procedure - Case and Counter Case - Trial of Cross-Cases - Sections 401, 386, 378 Code of Criminal Procedure, 1973 - The trial court decided the case and counter case separately, leading to conflicting findings - The appellate court set aside both judgments and directed fresh trial together - Held that in cross-cases, the same court must decide both cases simultaneously to avoid contradictory verdicts (Paras 1-4).
Issue of Consideration
Whether the trial court's separate judgments in case and counter case without considering the settled principle of case and counter case are sustainable
Final Decision
The High Court dismissed the Criminal Revision Application, finding no illegality in the appellate court's order directing fresh trial of the case and counter case together.
Law Points
- Case and counter case must be tried together by same court
- Separate judgments in cross-cases lead to conflicting findings
- Appellate court can set aside acquittal and remand for fresh trial in cross-cases
Case Details
2026 LawText (BOM) (07) 145
Criminal Revision Application No.30 of 2024
Mr. Sanjay N. Gaikwad for Applicant, Mr. Sumeet N. Bora for Respondent Nos.1 to 4, Mrs. M. L. Sangit APP for Respondent No.5
Nilesh s/o Bhimrao Nagawade
Baban s/o Maruti Murkute, Ganesh s/o Baban Murkute, Dhananjay s/o Baban Murkute, Alka w/o Baban Murkute, The State of Maharashtra
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Nature of Litigation
Criminal Revision Application against appellate order setting aside acquittal and remanding for fresh trial in cross-cases
Remedy Sought
Applicant sought to challenge the appellate court's order directing fresh trial of both cases together
Filing Reason
The appellate court set aside the trial court's acquittal and directed fresh trial, which the applicant found erroneous
Previous Decisions
Trial court acquitted accused in both RCC No.204/2010 and RCC No.203/2010; appellate court set aside both acquittals and remanded for fresh trial
Issues
Whether the appellate court was justified in setting aside the trial court's judgment and directing fresh trial in cross-cases
Submissions/Arguments
Applicant argued that the appellate court erred in setting aside the acquittal and remanding the matter
Ratio Decidendi
In cross-cases, the same court must decide both cases simultaneously to avoid conflicting findings; the appellate court's direction to try them together is proper and does not warrant interference under Section 401 CrPC.
Judgment Excerpts
The learned Trial Court decided both the criminal cases bearing RCC No.203/2010 and RCC No.204/2010 by the separate Judgments.
The learned trial Court is hereby directed to decide the case and counter case afresh considering the settled principle of case and counter case as discussed in the judgment as early as possible.
Procedural History
The trial court decided RCC No.204/2010 and RCC No.203/2010 separately, acquitting the accused. The informant appealed the acquittal in RCC No.204/2010. The appellate court set aside both judgments and remanded for fresh trial. The informant filed a criminal revision against that order.
Acts & Sections
- Code of Criminal Procedure, 1973: 401, 386, 378
- Indian Penal Code, 1860: 326, 323, 504, 506(II), 34
