LAWS(UTN)-2011-11-10

KALAWATI DEVI Vs. STATE

Decided On November 16, 2011
KALAWATI DEVI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS revision has been directed against the judgment and order of acquittal rendered by Sessions Judge, Champawat on dated 07.10.2002 in Sessions Trial No. 2 of 2002 titled as State Vs. Ram Singh and another. Accused persons were Ram Singh, father of Dan Singh and Dan Singh alias Dinesh Singh. They were tried for the offence under Section 307/34 and 354/34 IPC. After recording the statements of the witnesses viz. PW1 Ganga Ram, husband of injured, PW2 Pooran Singh, PW3 Champa Devi, PW4 Tari Devi and injured PW5 Kalawati Devi besides other formal witnesses like doctor and Investigating Officer, learned trial Judge has held that both the accused persons are not guilty where against this revision has been preferred. It is pertinent to note that during the pendency of this revision, one of accused Ram Singh has died. Now, sole accused Dan Singh remains against whom this revision has been argued by learned counsel for the revisionist.

(2.) LEARNED counsel for the revisionist has read the entire judgment and statements of prosecution witnesses word- by-word, line by line before this Court. Here, it is made clear that while hearing the revision, the scope left for this Court is very limited. Although this Revisional Court can exercise all the powers of Appellate Court while hearing the revision, as adumbrated in Section 401 (1) Cr.P.C. but at the same time, the legislature has enacted sub-Section (3) of Section 401 Cr.P.C. which restricts the powers of this Court, in such a mode that even this High Court is unable to convert the finding of acquittal into conviction.

(3.) HAVING a birds eye view upon the evidence, this Court too does not find any material irregularity, inconsistency or incongruity in the appreciation of evidence, which other way round ought to have derived by the learned trial Judge towards finding of conviction. As regards the injury report, he has well analytically appreciated the same. It has been deposed that accused person used knife and spear while assaulting Kalawati Devi with an intention to kill her but no injury has been reported on vital part of Kalawati Devi, which might have been sufficient, in ordinary course of nature, to cause her death.