Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Revision bum injuries Acquittal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973:ss. 397 and 401 - Revision against order of acquittal -Scope of - High Court held that order of acquittal deservedreversal and remitted the matter to trial court for a freshdecision - Held: Revisional jurisdiction of High Court, whileexamining an order of acquittal is extremely narrow and oughtto be exercised only in cases where the trial court hadcommitted a manifest error of Jaw or procedure or hadoverlooked and ignored relevant and material evidencethereby causing miscarriage of justice - Further, re-appreciation of evidence is not to be made - In the instantcase, the view taken by the trial court in acquitting the accusedcannot be held to be a view impossible of being reached --Keeping in mind the limited jurisdiction for a scrutiny of thefoundation of the order of acquittal passed by the trial court,the reversal ordered by the High Court cannot be sustained.PENAL CODE, 1860:ss. 498-A, 304-B and 302 - Death of a married womanby bum injuries - Acquittal of husband by trial court - Set asideby High Court with a direction for decision afresh - Held: Theinvestigation and the evidence of prosecution witnesses donot reveal any harassment and ill-treatment to the deceasedby the accused prior to her death and, as such, no case u/s304-8 as well as u/s 498-A is made out against the accused- Insofar as the offence u/s 302 is concerned, there is no eye witness to the occurrence -- By the time the witnesses reachedthe place of occurrence, deceased was already engulfed inflames - There are contradictions in the depositions ofprosecution witnesses -- Further, the evidence of the doctorof Government Hospital that deceased herself had stated thatshe had been injured due to bursting of the stove while shewas cooking, casts a further doubt on the prosecution story -Order of High Court is set aside, and that of trial courtrestored. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 543 |
Petitioner | Venkatesan |
Respondent | Rani &anr. |
SCR | [2013] 9 S.C.R. 105 |
Judgement Date | 2013-08-19 |
Case Number | 462 |
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