NDLI: Chinnam Kameswara Rao and Ors. Vs. State of Ap. Rep. By Home Secretary

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Appeal against acquittal prejudice
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) Indian Penal Code (45 of 1860)
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	Penal Code, 1860 - ss. 302 and 324 r/w s. 34 - Prosecution under - Injured victim and 4 others eye- witnesses - Incident in question was sequel to an incident on previous day, wherein the deceased was threatened by accused of dire consequences - Acquittal by trial court - Conviction by High Court - Held: The conviction was justified in view of depositions of injured victim and other eye- witnesses - Facts of the case prove that the incident was premeditated - Absence of charge u/s. 34 would not affect the legality of conviction, as such omission caused no prejudice to the accused. Code of Criminal Procedure, 1973 - s. 386 - Appeal against acquittal - Scope of - Held: While deciding appeal against acquittal, the power of appellate court not circumscribed by any limitation - It has power to review the entire evidence - Appellate court can reverse the acquittal order, if, on appraisal of evidence, it finds that the view taken by court, while acquitting the accused was not a possible view. Criminal Trial - Conviction on the basis of s. 34 /PC for which the accused was not charged - Held: Mere omission s. 34 in charge-sheet does not ipso facto or ipso jure lead to any inference or presumption of prejudice having been caused to the accused - Prejudice from such omission needs to be satisfactorily demonstrated - In the instant case, no prejudice shown to have been caused - Penal Code, 1860 - s. 34.The appellants-accused, alongwith accused No. 4 were alleged to have caused death of one person and caused injuries to another. The prosecution case was that all the accused persons stopped the deceased and PW1 (the injured witness). All the accused except A-4 were armed with casuarinas sticks. They assaulted the deceased and PW-1 and caused injuries to them. The deceased later succumbed to the injuries. The incident was a sequel to an incident which had taken place one day before the day of the incident between the accused c persons on one hand and the deceased and PWs-1 on the other and the same was pacified at the intervention of PW-3. Appellant No.1 ·had also threatened the deceased with dire consequences. Charges were framed against the appellant accused u/ss. 302 and 324 IPC. A-4 was charged u/ss. 302 and 324 IPC with the aid of s. 34 IPC. PWs 2,3,4 and 6 were examined as eye-witnesses. Trial court acquitted all the accused. High Court maintained the acquittal order as regards A-4, while reversed the acquittal order as regards appellants-accused and convicted them u/s. 302/34 and 324/34 IPC. In appeal to this Court, appellants contended that High Court was not correct in reversing the acquittal order by fresh appraisal of the evidence; that appellants-accused were not charged u/s. 34 IPC and hence could not have been convicted by the High Court with the aid of s. 34; and that there was no basis for the High Court to hold that the appellants had common intention to commit the murder.
Judge	Honble Mr. Justice T.S. Thakur
Neutral Citation	2013 INSC 28
Petitioner	Chinnam Kameswara Rao And Ors.
Respondent	State Of Ap. Rep. By Home Secretary
SCR	[2013] 2 S.C.R. 631
Judgement Date	2013-01-10
Case Number	1116

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