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2011 Supreme(Pat) 902
PATNA HIGH COURT
Anjana Prakash, J.
Lakshmi Narayan Prasad Singh
Versus
Krishnandan Lal : Ishwari Lal
Decided On : MAY 02, 2011
The court's discretion to interfere with a judgment of acquittal under Section 420 IPC is based on the presence of perversity or illegality in the original decision.
Headnote:
Section 420 IPC - Acquittal under Section 420 IPC - The court declined to interfere with the judgment of acquittal as it did not find any perversity or illegality in the decision.
Fact of the Case:
The appellant appealed against the judgment of acquittal passed by the Sub-Divisional Judicial Magistrate, Bihar Sharif, Nalanda in Complaint Case No. 181(c)/86/Tr. No. 70/94, where the respondents No. 1 and 2 were acquitted for charges under Section 420 IPC.
Finding of the Court:
The court found no perversity or illegality in the judgment of acquittal and declined to interfere with the same, ultimately dismissing the appeal.
Issues: The issue was whether the court should interfere with the judgment of acquittal under Section 420 IPC.
Ratio Decidendi: The court's decision not to interfere with the judgment of acquittal was based on the absence of perversity or illegality in the original decision.
Final Decision: The appeal was dismissed by the court.
Anjana Prakash, J.
1. The appellant is aggrieved with the judgment dated 19.01.1994 passed by the Sub-Divisional Judicial Magistrate, Bihar Sharif, Nalanda in Complaint Case No. 181(c)/86/Tr. No. 70/94 by which it has acquitted the respondents No. 1 and 2 for the charges framed under Section 420 IPC.
2. On going through the judgment of acquittal I do not find any perversity or illegality and, therefore, decline to interfere in the same. The appeal is dismissed.
