2009 (12) TMI 1060 - SC - Indian Laws

Summary

Issues involved:
The judgment involves the issue of setting aside the original judgment of the learned Additional Sessions Judge, Jaunpur, which found the appellants guilty under Section 324/149 IPC and entitled to be released on probation, and remanding the case for fresh order of conviction. The High Court's exercise of revisional jurisdiction at the instance of a private complainant, challenging the acquittal under Section 308 IPC and release on probation, is also a key issue.

Facts and Judgment Details:
The appellants were accused of forming an unlawful assembly with the common object of causing injuries to individuals. The trial court found them guilty under Sections 148, 324/149, and 429/149 IPC, but decided to release them on probation of good conduct. The High Court, in a revision application, upheld the guilt of the appellants but set aside the acquittal under Section 308 IPC and the conviction under Section 324/149 IPC. The matter was remitted back to the Court of Additional Sessions Judge for fresh order of conviction and sentence.

Principles of Revisional Jurisdiction:
The High Court's revisional jurisdiction, when invoked by a private complainant against an order of acquittal, must be exercised cautiously and only in exceptional cases where public justice demands interference. The court must avoid converting acquittal into conviction indirectly and ensure that the interests of justice are served without miscarriage.

Analysis and Conclusion:
The Supreme Court found that the High Court's exercise of revisional jurisdiction resulted in material illegality and miscarriage of justice to the appellants. The High Court's decision to remand the case for fresh order of conviction under Section 308 IPC and imposition of punishment was deemed improper. As a result, the appeal was allowed, setting aside the High Court's judgment and restoring the original judgment of the Additional Sessions Judge convicting the appellants under Sections 148, 342/149, and 427/149 IPC and directing their release on probation for two years.