CHANDGI RAM Vs. RAM PHAL

JUDGEMENT

(1.) This petition is directed against the acquittal of the respondents by the Judicial Magistrate, First cases. New Delhi recorded in terms of his Judgment, dated 8th February, 1972.

(2.) Chandgi Ram who along with Jagdish suffered the injuries allegedly on the 15th of Septemper, 1968 has invoked the jurisdiction provided by section 439 of the Criminal Procedure Code, hers after called "the Code," sub-section (4), where in is :-

(3.) The State can make the choice of filing an appeal against an acquttal. Where such an appeal is preferred it would be the apellate jurisdiction which will be called in. Sub-section 4 is intended to impose the limitation which arises out of the precise distinction between the appellate and revisional jurisdiction. Howsoever, sup-section (1) of section 439 of the Code may be wide the limitation imposed by sub-section (4) regulates the exercise of revisional jutisdiction and the High Court cannot turn an acquittal into a conviciion.