Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Powers of Appellate Court Murder of widow 1973 Robbery |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 – s.386(a) – Powers of Appellate Court – Robbery – Murder of widow – Appellant-accused no.1, who was living with deceased for helping her in agricultural work, was arrested – Appellant gave disclosure statement on the basis of which accused no.2 was also arrested – Charge sheet filed u/ss. 302, 394 r/w. 34, IPC – Trial court convicted accused no.2 u/ ss. 302 and 394, IPC however, acquitted the appellant-accused no.1 – Revision petition by son of the deceased challenging acquittal of appellant – High Court remitted the matter back to the trial court for re-trial – Propriety of – Held: Under s.386(a), the Court may reverse the order of acquittal and direct further enquiry or that the accused may be re-tried or may find him guilty and pass sentence on him according to law – Re-trial cannot be ordered when there is a mere irregularity or where it does not cause any prejudice – Power to order re-trial should be exercised only in exceptional cases – In the present case, the High Court found that even though the trial court framed an issue on the point of sharing of common intention of accused nos. 1 and 2 in committing the offence, the omission to frame charges u/s.34 IPC materially affected the trial – Discretion exercised by High Court u/s.386(a) directing re-trial cannot be said to be erroneous warranting interference – Trial court to proceed with the matter as per the directions of High Court and dispose of the matter as expeditiously as possible. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 48 |
Petitioner | Issac @ Kishor |
Respondent | Ronald Cheriyan And Ors. |
SCR | [2018] 1 S.C.R. 217 |
Judgement Date | 2018-01-23 |
Case Number | 165 |
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