STATE OF MAHARASHTRA Vs. CHANDRABHAGABAI BABURAO MANE

JUDGEMENT

(1.) A legal question of some importance arises in this revision application; Whether this Court can issue suo motu show cause notice against the order of acquittal recorded against the accused by the trial Court in the absence of any appeal against the order of acquittal filed by the State. The said question arises in the following circumstances:

(2.) The respondents were charged for the offences under sections 302, 452 and 323 read with section 34 of I. P. C. along with two other accused persons in Sessions Case No. 48 of 1984 which was tried in Sessions Court at Satara. The learned Additional Sessions Judge, Satara by his judgment and order dated 22nd September, 1987 held that the prosecution had miserably failed to prove the offence of murder punishable under section 302 of I. P. C. against any of the four accused. However, by the said judgment and order, the sessions Court convicted the respondents original accused Nos. 1 and 2 for the offence under section 325 read with section 34 of I. P. C. and sentenced them to suffer R. I. for one year and to pay a fine of Rs. 300/- each in default to suffer R. I. for one month. The other two accused i. e. accused Nos. 3 and 4 were convicted by the said judgment and order for offence under section 325 read with section 109 of I. P. C. and they were sentenced to R. I. for one year and to pay a fine of Rs. 300/- each in default to suffer R. I. for one month. All the four accused preferred Criminal Appeal No. 984 of 1987 before this Court against the aforesaid order of conviction and sentence recorded against them by the Sessions Court. The said appeal came up for admission before the learned Single Judge of this Court (Coram: Mehta, J. ) who while admitting the said appeal on 14th October, 1987, was suo motu pleased to direct to issue show cause notice why accused Nos. 1 and 2 i. e. the respondents in this revision application, should not be convicted under section 302 of I. P. C.

(3.) The order of the Court dated 14th October, 1987 is as follows: