Brijesh Singh vs State of Uttar Pradesh and Others

Court

Supreme Court of India

Date

20 July 2021

Case No.

Criminal Appeal No 646 of 2021

Result

Allowed

Bench

D.Y. Chandrachud, M.R. Shah

Citation

[2021] 6 S.C.R. 522 : 2021 INSC 341

Headnote

Code of Criminal Procedure, 1973: s. 378 – Appeal against acquittal – Grant of leave to appeal against order of acquittal by trial court – Principles to be considered by the High Court – On facts, trial court acquitted second to sixth respondents for commission of offence under the Penal Code and Dowry Prohibition Act – Application for leave to appeal by the informant – Rejected by the High Court – On appeal, held: Judgment of the High Court did not meet the requirements to be observed, consistent with the provisions of s. 378 – High Court to set forth its reasons, indicating at least in brief, an application of mind to the nature of the evidence and the findings arrived at – Mere observation that the order of the trial judge has taken a possible view without an application of mind to the evidence and the findings not consistent with the duty cast upon the High Court while determining said application – State had also filed an application for leave to appeal against the judgment of acquittal by the trial court and the same was denied by the High Court following the impugned judgment – In view thereof, the impugned judgment passed by the High Court is set aside – Matter remitted to the High Court for determination afresh – Penal Code, 1860 – s. 302 r/w s. 149, ss. 304B and 498A – Dowry Prohibition Act - ss. 3 and 4.

State of Madhya Pradesh vs Giriraj Dubey (2013) 15 SCC 257:[2013] 1 SCR 1097; State of Maharashtra vs Vithal Rao Pritirao Chawan (1981) 4 SCC 129; State of Orissa vs Dhaniram Luhar (2004) 5 SCC 568:[2004]

2 SCR 68; State of Rajasthan vs. Sohan Lal (2004) 5 SCC 573:[2004] 1 Suppl. SCR 480; State of U.P. vs Ajai Kumar (2008) 3 SCC 351:[2008] 2 SCR 552; State of Maharashtra vs Sujay Mangesh Poyarekar (2008)

9 SCC 475:[2008] 13 SCR 750; Chaman Lal vs State of Himachal Pradesh (2020) SCC Online SC 988 –

referred to.

The following Order of the Court was passed : ORDER 1. Leave granted. 2. By a judgment dated 14 August 2014, the Additional Sessions Judge, Ghaziabad, acquitted the second to sixth respondents in Sessions Trial No 2125 of 2012, where they were tried for having committed offences punishable under Section 302 read with Section 149, Section 304B and Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The judgment of the trial Judge was sought to be assailed before the High Court by the appellant, the original informant, by filing an application for leave to

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