Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.397 - Interference C with order of 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 - s.397 - Interference C with order of acquittal~ By High Court in exercise of revisional jurisdiction - Validity -Death of appellant's wife due to burn injuries - Multiple dying declarations -Appellant charged with offences u/ss. 49BA and 302 /PC - But acquitted by Sessions Court - Father of the deceased invoked revisional jurisdiction D of High Court u/s.397 CrPC to challenge legality of the order of acquittal - High Court remitted the matter back to Session Court for consideration afresh - Held: High Court not justified in interfering with the order- of acquittal in revision - The Sessions Court did not rule out any evidence which was E admissible and considered both the dying declarations - Material evidence not overlooked by the Sessions Court - Prosecution could not explain as to why the second dying declaration wa..s taken, though in the said declaration the deceased stated that she had not called for the second dying F declaration - Alf these aspects were discussed by the Sessions Judge who acquitted the appellant - View taken by the Sessions Judge neither unreasonable nor perverse but a possible reasonable view based on the evidence on record - In the circumstances, High Court not justified in setting aside G the order of acquittal - Order passed by the Sessions Court affirmed - Penal Code, 1860 - ss. 498A and 302. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 458 |
Petitioner | Suryakant Dadasaheb Bitale |
Respondent | Dilip Bajrang Kale & Anr. |
SCR | [2014] 8 S.C.R. 98 |
Judgement Date | 2009-07-02 |
Case Number | 1708 |
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