JAGANNATH CHAUDHARY Vs. RAMAYAN SINGH
SUPREME COURT OF INDIA (FROM: PATNA)
Click here to view full judgement.
Banerjee, J. -
(2.)A significant departure from the regular norm in the matter of pronouncement of judgment is the key factor in the present appeal. Mentioned hereinbefore a significant departure in the matter of pronouncement of judgment - but what is it so significant so as to warrant interference of this Court under Article 136 of the Constitution - Before adverting to the same, however, a brief factual reference would be convenient and necessary for appreciation of such a departure - against an order of acquittal recorded by 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 258 of 1992, a revisional application stands filed before the High Court of Judicature at Patna recording therein that on appreciation of evidence the order, as passed by the learned Sessions Judge, was totally perverse on the face of the judgment. It is on the basis aforesaid, the learned single Judge in the revisional application in his judgment (impugned before this Court) in three different settings in the body of the judgment stated:
(a) "Be it what it may, I am not going into the merit of the case in depth but on perusal of the impugned judgment particularly paragraph 30 and the materials on records. I also hold that reasonings of acquittal given by the learned Sessions Judge are definitely not proper and justifiable on the face of it and if not justifiable then it may go to the extent of perversity".
(b) "But in the present case I find that four eye-witnesses to the occurrence were found to be present at the scene of occurrence and their presence at the scene of occurrence could not be disbelieved by any plausible or cogent reasons and then discarding the evidence of eye-witnesses had been done by the learned Court below on a week and meek reasons then definitely this Court can interfere as the impugned judgment would affect in the system of delivering justice".
(c) "In that way, without forming an opinion regarding the fate of the case I find that the impugned judgment should not be sustained and must be set aside and the matter be quashed for further consideration in the light of the observation made above. In that way, the impugned judgment is hereby set aside and the matter is sent back to the Court below for writing a fresh judgment by giving proper judicial mind to the evidence on record. (Emphasis Supplied) Opposite Party Nos. 2 to 4 are hereby directed to appear before the learned Court below on 2nd August, 2001 and they should be allowed to go on bail to the satisfaction of the learned Sessions Judge and then an opportunity be given for further argument to both the parties writing a fresh judgment on the materials on record".
(3.)It is this direction as noticed hereinbefore, for writing out a fresh judgment by giving proper judicial mind to the evidence on record and which stands very strongly criticised by the learned senior advocate, Mr. S.B. Sanyal, appearing in support of the appeal and we do find some justification in regard thereto.
Copyright © Regent Computronics Pvt.Ltd.