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2011 Supreme(Pat) 915
PATNA HIGH COURT
Anjana Prakash, J.
Baijnath Prasad
Versus
Shyamlal Sah : Bishun Sah
Criminal Appeal (U/S) No. 11 of 1995
Decided On : MAY 02, 2011
The court's refusal to interfere with a judgment of acquittal based on the lack of perversity or illegality in the original judgment.
Headnote:
Acquittal - Section 420 IPC - Court declines to interfere with judgment of acquittal
Fact of the Case:
The appellant is aggrieved with the judgment of acquittal passed by the Sub-Divisional Judicial Magistrate, Siwan in a case where the respondents were charged 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 it, leading to the dismissal of the appeal.
Issues: Aggrievement with judgment of acquittal under Section 420 IPC
Ratio Decidendi: The court's decision was based on the lack of perversity or illegality in the judgment of acquittal, leading to the refusal to interfere with it.
Final Decision: The appeal was dismissed by the court.
Anjana Prakash, J.
1. The appellant is aggrieved with the judgment dated 28.06.1994 passed by the Sub-Divisional Judicial Magistrate, Siwan in Complaint Case No. 137/89/Tr. No. 367/94 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.
