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2025 Supreme(SC) 243

SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ.
Mahabir & Ors. - Appellants
Versus
State Of Haryana – Respondent
Criminal Appeal Nos. 5560-5561 Of 2024
Decided On : 29-01-2025

Advocates appeared:
For the Appellant(s) : Ms. Indira Unninayar, AOR Mrs. Rukhsana Choudhury, Adv.
For the Respondent(s): Mr. Deepak Thukral, A.A.G. Mr. Samar Vijay Singh, AOR Mr. Vikas Singh Jangra, Adv. Mr. Bhakti Vardhan Singh, Adv. Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv. Mr. Fateh Singh, Adv. Mr. Aman Dev Sharma, Adv.

The High Court cannot convert an acquittal into a conviction under Section 401(3) of the CrPC without following due process, violating the principles of natural justice.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Sections 397 and 401 - Murder conviction - High Court reversed acquittal of appellants, sentencing them to life imprisonment - Court found High Court acted beyond its jurisdiction in converting acquittal to conviction without proper procedure - The appellants were not given an opportunity to be heard, violating principles of natural justice. (Paras 3, 6, 10, 46, 99)

(B) Revisional Jurisdiction - High Court cannot convert acquittal into conviction under Section 401(3) - The statutory right of appeal for victims was not available at the time of the revision petition - The High Court failed to follow due process, leading to wrongful detention of appellants. (Paras 32, 39, 46, 99)

Facts of the case:
The appeals arise from a High Court judgment reversing the acquittal of the appellants for murder, which was initially decided by the trial court. The appellants were acquitted in 2005, but a revision petition was filed by the father of the deceased in 2006, leading to their conviction in 2024. (Paras 2, 3, 12, 16)

Findings of Court:
The High Court's judgment was set aside, and the appellants were ordered to be released on bail. The State was directed to pay compensation for the wrongful detention. (Paras 99, 100)

Issues: Whether the High Court had the authority to convert an acquittal into a conviction and whether the appellants were denied their right to a fair hearing. (Paras 6, 10, 46)

Ratio Decidendi: The court ruled that the High Court exceeded its jurisdiction by reversing the acquittal without following the proper legal process and failing to provide the appellants an opportunity to defend themselves. (Paras 46, 99)

Result: Appeals allowed; High Court's judgment set aside.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The High Court cannot convert an acquittal into a conviction under Section 401(3) of the CrPC without following the proper legal procedure and principles of natural justice. Such an action violates the statutory bar and the constitutional right of the accused to be heard (!) (!) (!) .

  • The revision jurisdiction exercised by the High Court in this case was improperly invoked to reverse the acquittal and impose a conviction, as it exceeded the scope of powers conferred by law. The High Court failed to adhere to the requirement of providing an opportunity to the accused to be heard and to follow due process (!) (!) (!) .

  • The statutory provisions clearly establish that the High Court does not have the authority to convert an acquittal into a conviction directly, and any interference should be limited to setting aside the acquittal and remanding for a re-trial, not for substituting findings without proper procedure (!) (!) (!) .

  • The right to appeal against an acquittal is a statutory right, and such appeals can only be entertained if they are filed by the authorized party (e.g., the State) and within the prescribed legal framework. The victim’s right to appeal against acquittal was only introduced after a specific amendment, which was not applicable at the time of the revision petition (!) (!) (!) .

  • The High Court’s action of proceeding ex-parte without proper service or notice to the accused, especially after their acquittal, and appointing legal aid on the day of hearing without giving the accused an opportunity to participate, was a violation of natural justice and their constitutional rights (!) (!) (!) .

  • The exercise of revisional jurisdiction must be within the bounds of law, and the High Court should have followed the correct procedures under Sections 397 and 401 of the CrPC, including recording reasons for treating a revision as an appeal, which it failed to do (!) (!) (!) .

  • The law emphasizes that the powers of revision are limited, and interference with an order of acquittal is only justified in exceptional cases involving manifest legal or procedural errors, or gross miscarriage of justice. The High Court’s decision to reverse the acquittal and convict without proper process was therefore unlawful (!) (!) (!) .

  • The procedural lapses, including the failure to properly confront witnesses with their police statements and to adhere to the requirements of cross-examination under the Evidence Act, undermine the credibility of the conviction and highlight violations of fair trial principles (!) (!) .

  • The wrongful detention and imprisonment of the appellants for an extended period, despite their acquittal, constitute a violation of their fundamental rights, and they are entitled to compensation for the unjust deprivation of liberty, dignity, and reputation (!) (!) (!) .

  • The Court recognizes the importance of the rights of victims and the need for proper legal procedures in exercising appellate and revisional jurisdiction, emphasizing that amendments creating a right of appeal for victims are substantive and not retrospective, thus not applicable to cases pending at the time of such amendments (!) (!) .

  • The Court underscores that the appointment of public prosecutors and legal representatives must be based solely on merit and integrity, as their conduct significantly impacts the fairness of trials and justice administration (!) (!) .

  • The Court concludes that the actions of the High Court in this case were unlawful, violated principles of natural justice, and exceeded legal authority. Therefore, the appeals are allowed, the impugned judgment is set aside, and the State is directed to pay compensation to the appellants for their wrongful detention and suffering (!) .

  • The appellants' right to liberty, reputation, and dignity has been infringed, and appropriate redress in the form of compensation is mandated to restore their rights and uphold justice (!) (!) .

Please let me know if you need further analysis or assistance.


Table of Content
1. appeals arise from high court judgment (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. incident details and fir (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
3. counsel's submission on jurisdiction (Para 28 , 29 , 30)
4. high court's error in procedure (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90 , 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 100 , 101)
5. appeals allowed and compensation ordered (Para 99)

JUDGMENT :

(J.B. Pardiwala, J.)

1. Since the issues raised in both the captioned appeals are the same and the challenge is also to the self-same judgement and order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common judgement and order.

2. We may clarify that the Criminal Appeal No. 5560 of 2024 arises from the judgement and order passed by the High Court, reversing the acquittal and holding the appellants herein guilty of the offence of murder. Whereas Criminal Appeal No. 5561 of 2024 arises from the order of sentence, which ultimately came to be passed by the High Court.

3. These appeals arise from the judgement and order passed by the High Court of Punjab and Haryana at Chandigarh dated 27.08.2024 in Criminal Revision Application No. 194 of 2006 by which the criminal revision filed by the original de facto complainant against the judgment and order of acquittal passed by the trial court came to be allowed and the appellants herein were held guilty of the offence of murder punishable under Section 302 of the Indian Penal Code (for short, “the IPC”) and sentenced to undergo rigorous imprisonment for life and fine of Rs. 50,000/- each and further, rigorous imprisonment for 3 months in default of payment of fine.

4. "There is no higher principle for the guidance of the court than the one that no act of courts should harm a litigant and it is the bounden duty of the courts to see that if a person is harmed by a mistake of the court he should be restored to the position he would have occupied, but for that mistake."

5. The above is aptly summed up in the maxim "actus curiae neminem gravabit”. It implies that judicial actions should not unfairly harm any party and that courts should act judiciously to prevent errors that could lead to injustice. (Jang Sing v. Brij Lal and Others reported in AIR 1966 SC 1631).

6. We need not delve much into the facts of the present case as our order dated 13.12.2024 gives more than a fair idea as to how these appeals have come up before us. The order reads thus:

    “3. The three appellants herein along with three other co-accused were put to trial for the offence of murder punishable under Section 302 read with Section 148 and 149 of the Indian Penal Code, 1860. On conclusion of the trial, the Trial Court held two co-accused guilty of the alleged crime, whereas the other four, including three appellants herein, came to be acquitted.

    4. The State did not deem fit to challenge the acquittal of the three appellants herein. One of the convicts went in appeal before the High Court and the father of the deceased in turn invoked the revisional jurisdiction of the High Court under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 seeking to challenge the acquittal of the three appellants herein. It appears that the appeal filed by one of the convicts against his order of conviction came to be dismissed despite the fact that the convict had already passed away.

    5. In the revision application, which was filed by the father of the deceased, the High Court held all the three appellants herein guilty of the alleged offence of murder and sentenced them to undergo life imprisonment. We are informed that they were taken into custody o

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