STATE Vs. ABDUL RAHIM

JUDGEMENT

(1.) WE have heard the learned HCGP. There is an arguable point raised in this appeal with regard to the justification or otherwise of the acquittal order under the more serious heads of charges. Since the accused have already preferred appeals against the convictions this appeal is admitted. Formal notice to R1 only. To be heard along with Crl. A. 1851/2002 and Crl. A. 552/2003.

(2.) IT is one of the functions of this Court particularly in this class of cases to carefully ascertain as to whether a case has been made out against all the accused or only one or some of them, and we have heard the learned HCGP on merits with regard to the jurisdiction of proceedings against the original accused 2 to 4. There are instances where particularly in relation to dowry death cases the family members or relations and friends can also be proceeded against if the evidence so suggests, but in many of these cases it is noticed that the investigating authorities indiscriminately add on more accused than necessary. The submission canvassed is that they are family members, the incident is one of seriousness and that consequently, they share the common intention of the main accused and were abettors to the crime. The evidence produced by the prosecution however would not justify this submission as far as the present case is concerned. The original accused nos. 2 to 4 have already gone through the rigour of the trial, and they have been acquitted. As far as these accused are concerned we uphold the order of acquittal. The appeal fails on merits and stands dismissed as against Accuses Nos. 2, 3 and 4 are concerned.