Full Judgment Text
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PETITIONER:
JAGBIR AND ANR
Vs.
RESPONDENT:
STATE OF PUNJAN
DATE OF JUDGMENT: 03/09/1998
BENCH:
M.K.MUKHERJEE, SYED SHAH MOHAMMED QUADRI
ACT:
HEADNOTE:
JUDGMENT:
ORDER
Consequent upon a charge sheet (challan) submitted
by the police and a committal enquiry that followed, the two
appellants and others were placed on trial before an
Additional Sessions Judge, Ferozpur. The trial ended in an
acquittal of all of them; and aggrieved thereby, Birbal, the
complainant, filed an appeal before the High Court after
obtaining leave under Section 378(4) Cr.P.C. In disposing of
the appeal the High Court set aside the acquittal of the two
appellants and convicted them under Section 302/34 I.P.C.,
while upholding the acquittal of others. Aggrieved by the
order of the conviction and sentence recorded against them
the appellants filed this appeal under Section 379 Cr. P.C.
Since the appeal must succeed on a pure question of
law, we need not go into the facts of the case. Admittedly,
the cognizance in the instant case was taken upon a police
report under Section 190(1) (b) Cr. P.C.Resultantly, it was
the State alone who could file an appeal in the High Court
against the order of acquittal under Section 373(1) Cr.P.C.
after obtaining leave under sub-section (3, thereof and not
the complainant who could only file an application under
Section 401 Cr. P.C. for revision of that order. The High
Court, therefore was not at all justified in entertaining
the appeal of the complainant and disposing the same in the
manner aforesaid. On this score alone, we allow this appeal
and restore the order of the trial Court. The High court
will now treat the memorandum of appeal filed by the
complainant as an application for revision of the order of
the Sessions Judge, qua the two appellants only, and dispose
of the same in accordance with law. The appellants who are
in jail be released forthwith unless wanted in connection
with any other case.