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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAMESH CHANDER DIMRI
Prem Singh – Appellant
Versus
Jaspal Singh – Respondent
JUDGMENT :
RAMESH CHANDER DIMRI, J.
1. This judgment shall dispose of a Criminal Revision Petition filed against the judgment dated 27.07.2009 passed by the Learned Addl.Sessions Judge, Ambala (for brevity, “Appellate Court”) by which an appeal filed by the respondents/accused (for brevity, “accused”) was disposed of and the judgment of conviction dated 27.07.2007 was modified to the extent that the accused-Narinder Singh was acquitted of the charge framed against him whereas other accused were ordered to be released on probation subject to they furnishing requisite bonds in the sum of Rs.30,000/- each with one surety in the like amount each.
2. As per the prosecution case, the complainant-Prem Singh has four brothers, one Ram Pal Singh being youngest of them. All of them were residing separately. Some land of Prem Singh and his nephew Mangat Singh was comprised in Abadi Deh of Village Rampur situated near baithak of accused Roop Singh (since deceased) where cowdung cakes had been stacked and certain wooden logs were also stored. On 28.11.1990 at about 8.30 a.m., Prem Singh and his nephew Mangat Singh as well as Sunil Kumar had gone to dig a foundation on the said land for raising a b
The High Court's revisional jurisdiction is limited; it cannot convert an acquittal into a conviction without manifest illegality or miscarriage of justice.
(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 trial court's acquittal based on technicalities disregarded substantial eyewitness and medical evidence, necessitating a retrial.
Criminal Revision - Scope of criminal revision is very limited.
The victim's right to file an appeal against the judgment of acquittal and the limited scope of interference in revisional jurisdiction against judgment of acquittal.
In appeals against acquittal, courts must respect the presumption of innocence and should only interfere if the trial's conclusions are shown to be perverse or based on erroneous appreciation of evid....
The High Court cannot overturn an acquittal unless exceptional circumstances demonstrate a manifest illegality or miscarriage of justice, reaffirming the prosecution's burden to prove guilt beyond re....
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