1. Acquittal by trial court — Conviction by High Court on appeal filed by complainant under Section 378(4) Cr.P.C. — Appeal against conviction under Section 379 Cr.P.C. (Para 1 )
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1998 Supreme(SC) 938
1998(7) Supreme 208
Supreme Court of India
(From Punjab & Haryana High Court)
M.K. Mukherjee & S.S. Mohammed Quadri, JJ.
Jagbir & Anr. -Appellant
versus
State of Punjab -Respondent
Criminal Appeal No. 121 of 1996
Decided on 3-9-1998
Counsel for the Parties :
For the Appellant : Ajay Siwach Advocate for Prem Malhotra, Advocate.
For the Respondent : R.S. Sodhi, Advocate.
Important Points
Important Point
High Court was not justified in entertaining the appeal of complainant against acquittal as cognizance was taken by trial Court on Police Report u/s. 190(1)(b) Cr.P.C., 1973.
High Court was not justified in entertaining the appeal of complainant against acquittal as cognizance was taken by trial Court on Police Report u/s. 190(1)(b) Cr.P.C., 1973.
Subject
Criminal Law - Appeal
Act Referred
Headnote
Criminal Procedure Code, 1973 -Sections 190(1)(b), 378 and 401 -Cognizance taken on police report-Trial ended in an acquittal of all accused - Complainant filed appeal against acquittal-Whether correct? (No)-It was state alone who could file appeal u/s. 378 Cr.P.C.-Complainant could file only revision u/s. 401 - Appeal allowed-High Court to treat Memo of appeal as for revision qua the two appellants and dispose of them in accordance with law. (Para 2)
Legal Category Hierarchy
Table of Contents
2. Maintainability of an appeal against acquittal filed by a complainant where cognizance was taken upon a police report. (Para 2 )
3. Where cognizance is taken on a police report, the State alone may appeal acquittal under Section 378(1) Cr.P.C., while the complainant is limited to revision under Section 401 Cr.P.C. (Para 2 )
4. Complainant lacks standing to appeal acquittal under Section 378 Cr.P.C. when cognizance is taken upon a police report under Section 190(1)(b) Cr.P.C. (Para 2 )
5. Appeal allowed — Conviction set aside — Trial court order of acquittal restored — Complainant's appeal treated as application for revision. (Para 2 )
6. Can a complainant appeal an acquittal if the court took cognizance based on a police report?
No. When cognizance is taken upon a police report under Section 190(1)(b) Cr.P.C., only the State can file an appeal against acquittal under Section 378(1) Cr.P.C. The complainant's only remedy is to file an application for revision under Section 401 Cr.P.C. (Para 2 )
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 IPC, 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.
2. 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 378(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.
(N.K.R.) Appeal allowed accordingly.
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