9911796707
TMI Blog2004 (3) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, setting aside the judgment and order of acquittal in favour of the appellants, has remitted the case for its retrial by court of sessions in accordance with law directing the court to decide the matter on the basis of evidence and material already on record and not allow parties to adduce further evidence. Mr. P.S.Mishra, learned counsel for the appellants submits that the trial court had given cogent reasons and on due appreciation of evidence directed the acquittal of the accused and the impugned judgment of the High Court clearly amounts to reappreciation of evidence which is not permissible in the exercise of revisional jurisdiction. Learned counsel has taken us through the judgment and order of the trial court to buttress his subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is the duty of the court to correct manifest illegality resulting in gross miscarriage of justice. More than half a century ago, in D.Stephens v. Nosibolla (1951 SCR 284 = AIR 1951 SC 196), this Court held that revisional jurisdiction when it is invoked against an order of acquittal by a private complainant is not to be lightly exercised, it could be exercised only in exceptional cases to correct a manifest illegality or to prevent a gross miscarriage of justice and not to be ordinarily used merely for the reason that the trial court has misappreciated the evidence on record. In K.Chinnaswamy Reddy v. State of Andhra Pradesh & Anr. (1963 (3) SCR 412 = AIR 1962 SC 1788) a note of caution was appended so that the High Court does not convert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmant Ambika Yadav, PW6 along with his uncle Rameshwar Yadav (deceased) was going in search of some labourers and no sooner they reached near a well situated in front of the house of accused Rambriksh Singh, the accused started uttering abuses, caught hold of Rameshwer Yadav and forcibly took him into their house. On protest, the informant was threatened and abused. The dragging of Rameshwer Yadav by the appellants into their house was witnessed by others but they were also abused and chased. While dragging the deceased, the accused were uttering that he should be taken inside the house and cut into pieces. The informant went to police station to inform the police. The police party came and after breaking open the door of the house, the pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. Fully alive to the limit of its jurisdiction under Section 401 of the Code but having regard to the facts and circumstances of the case, the High Court came to the conclusion that the case appears to be exceptional warranting interference. The revisional court can set aside an order of acquittal and remit the case for retrial where the trial court overlooking material evidence has passed the order. In the present case, the material evidence seems to have been overlooked by the trial court in relation to four circumstances, namely(1) the dragging of the deceased to the house of accused Rambriksh Singh which was joint house of the deceased;(2) the house having been found locked by the police on visit;(3) the breaking open of the door of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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