Recently, the Supreme Court answered important questions that can High Court reverse acquittal of an accused from a particular charge while considering Appeal of Accused against Conviction Under other Charges?
The bench of Justices B.R. Gavai and Sandeep Mehta was dealing with the appeal challenging the judgment passed by the Madras High Court where the High Court has confirmed the order of the Trial Court convicting the appellant under Section 302 read with Section 34 of IPC.
In this case, the Madras High Court, in its judgment, dismissed the appellant’s appeal and, simultaneously, overturned the appellant’s acquittal by the trial court on the charge under Section 449 IPC.
The appellant was convicted for the offence under Section 449 IPC and sentenced to seven years of rigorous imprisonment, along with a fine of Rs. 1,000.
Supreme Court opined that insofar as the conviction of the appellant for offence under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment awarded to him is concerned, the same is based on apropos appreciation of evidence available on record.
The bench stated that “Two courts i.e., the trial Court and the High Court have recorded concurrent findings of facts holding the appellant guilty of the charge under Section 302 read of the appellant for the offence under Section 302 read with Section 34 of IPC is concerned.”
Supreme Court agreed with the submission of counsel of the appellant that the High Court committed a grave error in law while reversing the acquittal of the accused as recorded by the trial Court for the offence under Section 449 IPC and sentencing him to suffer seven years of rigorous imprisonment.
The bench noted that the acquittal of the accused from the said charge had not been challenged either by the State or by the complainant before the High Court and without an appeal being filed for questioning the acquittal of the appellant from the said charge, the High Court could not have exercised jurisdiction so as to reverse the said finding of acquittal and that too, without putting the accused to notice.
Supreme Court set aside the conviction of the accused for the offence punishable under Section 449 IPC is concerned.
In view of the above, the bench affirmed the conviction of the accused for the offence under Section 302 read with Section 34 IPC and the sentence of life imprisonment and fine awarded to him.
Case Title: David Stephen v. State
Bench: Justices B.R. Gavai and Sandeep Mehta
Case No.: Diary No.50661/2023
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