9911796707
TMI Blog2009 (12) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... Criminal Revision No. 5819 of 2006, by which the finding recorded by the learned Additional Sessions Judge, Jaunpur in Sessions Trial Case No. 271 of 2000, decided on September 7, 2006 that the appellants are not guilty under Section 308 IPC but are guilty under Section 324/149 IPC and are entitled to be released on probation of good conduct, is set aside and the case is remanded to the Court of learned Additional Sessions Judge with a direction to pass fresh order of conviction of the appellants in the light of observations made in the judgment and impose sentence on them in accordance with law. 3. The facts emerging from the record of the case are as under: The respondent No. 1, i.e., Kant Pandey, resides at village Tikara, District Jaun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. On appreciation of evidence adduced by the parties, the learned Additional Sessions Judge held that no case for commission of offence punishable under Section 308 IPC was made out against the appellants, but it was proved by the prosecution that the appellants had committed offences punishable under Sections 148, 324 read with Section 149 IPC and Section 429 read with Section 149 IPC. Having regard to the age, character, antecedents of the appellants and to the circumstances in which the offences were committed, the learned Judge was of the opinion that it was expedient that the appellants should be released on probation of good conduct. Therefore, instead of sentencing them at once to any punishment, the learned Judge by judgment date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned Single Judge, by the impugned judgment, has confirmed the finding recorded by the learned Additional Sessions Judge that the appellants are guilty but thereafter has set aside the acquittal of the appellants under Section 308 IPC as well as their conviction under Section 324 read with Section 149 IPC and also the direction to release them on probation. The learned Judge has further remitted the matter to the Court of learned Additional Sessions Judge, Jaunpur to pass fresh order of conviction and sentence on the appellants, keeping in view the observations made in the body of the judgment. Having regard to the facts of the case, this Court feels that the finding recorded and directions given by the High Court should be reproduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wished to produce, (2) where the admissible evidence is wrongly brushed aside as inadmissible, (3) where the trial court has no jurisdiction to try the case and has still acquitted the accused, (4) where the material evidence has been overlooked either by the trial court or the appellate court or the order is passed by considering irrelevant evidence and (5) where the acquittal is based on the compounding of the offence which is invalid under the law. By now, it is well settled that the revisional jurisdiction, when invoked by a private complainant against an order of acquittal, cannot be exercised lightly and that it can be exercised only in exceptional cases where the interest of public justice require interference for correction of manif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion but to convict the appellants under Section 308 read with Section 149 IPC and impose punishment on them. Normally, when High Court decides to interfere with the judgment of the Trial Court in exercise of revisional jurisdiction, the retrial of the case is ordered based on certain well settled principles. However, after recording guilt of an accused under particular provision of Indian Penal Code, the matter could not have been remitted to the Sessions Court for passing appropriate order of conviction and punishment. 11. On the facts and in the circumstances of the case, this Court is of the view that the High Court has exercised revisional jurisdiction with material illegality and irregularity resulting into miscarriage of justice to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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