B. R. GAVAI, AUGUSTINE GEORGE MASIH
Ramyash @ Lal Bahadur – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
(B.R. Gavai, J.)
1. These criminal appeals challenge the judgement and final order dated 8th February 2019 passed by the Division Bench of the Allahabad High Court in Criminal Misc. Correction Application No. 2 of 2019 which had been preferred by the accused persons namely, Bhupendra Singh, Moti Lal and Prahlad.
2. The Correction Application purportedly sought a clarification of a previous judgment and final order passed by the Division Bench of the High Court on 21st May 20181[Hereinafter referred to as “First Judgment”], by which the High Court had dismissed the criminal appeals preferred by the accused persons and had affirmed the judgment passed by the Court of Additional Sessions Judge, Court No.4, Jaunpur in Sessions Trial No. 277 of 20122[Hereinafter referred to as ‘trial court’] wherein the trial court had convicted the accused persons for the offences punishable under Sections 302 and 323 read with 34, and Sections 452, 504 and 506 of the Indian Penal Code, 18603[‘IPC’ for short] and sentenced them to suffer imprisonment for life.
3. Subsequently however, the High Court by way of the impugned judgment and order allowed the Correction Application preferred by the ac
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Section 362 CrPC is meant only to correct a clerical or arithmetical error. It cannot be used for correction on merits since earlier order was patently erroneous.
The failure of justice warrants remittance for fresh hearings in criminal appeals.
The judgment highlighted the limited scope for review of judgments on procedural grounds and the criteria for rectifying clerical errors under Section 362 Cr.P.C.
The court ruled that once a judgment attains finality, it cannot be altered or reviewed except to correct clerical errors; substantive modifications require specific procedural grounds.
Compounding of an offence under Section 326 IPC is not allowed, but inherent powers can be invoked to quash proceedings to meet the ends of justice.
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Guidelines for interfering with a judgment of acquittal restated.
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