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Latest judgment about Re-trial of a Criminal Court Order Latest judgment about Re-trial of a Criminal Court Order

Bronze medal Reporter Adv.vrinda Posted 31 Oct 2019
Latest judgment about Re-trial of a Criminal Court Order

The Patna HC Justice Aditya Kumar Trivedi was delivered the controversial judgment.  The fact of the case was the appellate courts were empowered to order re-trial in cases where the original trial had not been satisfactory and met out a gross miscarriage of justice, the Patna High Court on Wednesday remitted a case involving the death of the Appellant's deceased wife on account of burns, back to the trial court. Justice Aditya Kumar Trivedi said A court will set aside a judgment or grant a new trial, any cause on the ground of misdirection or the court, or of the improper admission or rejection of the evidence, or for any error as to any matter of pleading, or for any error as to any matter of  procedure, only if the court is of the opinion that the error complained of or of has resulted in a miscarriage of justice.

In this case, defense counsel referred with the case named  Nika Ram v. State of Himachal Pradesh as reported in AIR 1972 SC 2077, 16. It is in the evidence of Girju PW that only the accused and Churi deceased resided in the house of the accused. To similar effect are the statements of Mani Ram (PW 8),"who is the uncle of the accused, and Bhagat Ram school teacher (PW 16). According to Bhagat Ram, he saw the accused and the deceased together at their house on the day of the occurrence. Mani Ram (PW 8) saw the accused at his house at 3 p.m., while Poshu Ram, (PW 7) saw the accused and the deceased at their house on the evening of the day of the occurrence . The accused also does not deny that he was with the deceased at his house on the day of the occurrence. The house of the accused, according to plan PM, consists of one residential room one other small room and a varandah. The correctness of that plan is proved by A. R. Verma overseer (PW 5). The fact that the accused alone was with Churi deceased in the house when she was murdered there with the Khokhri and the fact that the relations of the accused with the deceased, as would be shown hereafter, were strained would, in the absence of any cogent explanation by him, point to his guilt.

Thus, after analyzing the facts and circumstances of the case as well as in the background of the principle laid down by the Apex Court as referred hereinabove, it is crystal clear that the finding so recorded by the learned lower court and its prevalence is non sustainable in the eye of law, whereupon,the same is set aside. The appeal is allowed. The matter is remitted back to the learned lower court to proceed afresh at the stage of hearing of argument and will decide the appeal in accordance with the law. Read more legal judgment in India…


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