Back
SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Muthuramalingam @ Korangu – Appellant
Versus
State Rep. By The Inspector Of Police, Ramanathapuram District & Anr. Etc. Etc. – Respondent
ORDER :
Leave granted.
2. In all these appeals, the appellants before this Court have challenged the order dated 29.04.2022 passed by the Division Bench of the Madras High Court ordering for re-trial. They were in total 8 accused persons in the incident. Accused 2 and Accused-8 have passed away during the trial itself and one was acquitted i.e. Accused-7 (Muthuramalingam @ Korangu, appellant in Criminal appeals @ SLP(Crl.)Nos.9447-9454/2022) by the Trial Court and the other remaining 6 accused persons, who have filed appeal(s) before the High Court. In other words they were only five accused who have filed their appeal(s) against their conviction and sentence before the High Court. The High Court came to the conclusion that the cases emanated from two different FIRs bearing Crime Nos.53/2006 & 54/2006 registered with the Police Station Abiramam, Tamil Nadu for the offences punishable under Sections 120(B), 307 r/w 34, 395 r/w 397, 302 r/w 34 and 396 of the Indian Penal Code respectively and as there were two different incidents, two different trial took place though the accused persons were common in both the cases. The trial which the accused persons had faced was in Sessions Case
The court emphasized that retrial should only occur in exceptional cases, not for ordinary procedural lapses, to ensure fairness in trials.
(1) Order of retrial wipes out from record earlier proceeding and exposes present accused to another trial – Retrial cannot be ordered merely on the ground that prosecution did not produce proper evi....
(1) Grant of bail – Cancellation of bail on the ground of violation of Section 15A(5) of SC/ST Act, 1989 is justified only in cases where no notice of bail proceedings was served upon victim, victim ....
A retrial ordered in an appeal against conviction is impermissible without a request from the convict, reaffirming that appellate courts cannot enhance sentences absent an appeal from other parties.
(1) Once appeal is entertained against order of acquittal, High Court is entitled to reappreciate entire evidence independently and come to its own conclusion.(2) Against an order of acquittal passed....
Retrials in criminal cases should only occur in exceptional circumstances to prevent miscarriage of justice, not to remedy prosecution deficiencies.
(1) Segregation of trial – Unilateral order for a separate charge-sheet and segregated trial, passed without notice or application, violates basic principles of procedural fairness inherent in Articl....
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
The accused's right to fair and speedy trial and the prosecution's responsibility to secure witnesses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
