STATE OF MAHARASHTRA Vs. HARISCHANDRA JAKHA MAHATRE

JUDGEMENT

(1.) Heard learned APP for the State. This is an application for leave under sub section (3) of section 378 read with clause (b) of sub-section 1 of Section 378 of the Code of Criminal Procedure, 1973. The leave to prefer an appeal is sought for preferring an appeal against the judgement and order dated 30th October 2008 passed by the learned Sessions Judge, Raigad at Alibag. The respondents were prosecuted for the offences punishable under sections 323, 324, 504, 506 read with section 34 of the Indian Penal Code. By the judgement and order dated 9th August 2007, the learned Judicial Magistrate, First Class acquitted the respondents. In view of clause (a) of sub section 1 of section 378 of the said Code as amended by the Code of Criminal Procedure (Amendment) Act, 2005, an appeal against acquittal was preferred by the appellant-State before the Sessions Court and the impugned judgement and order has been passed in the said appeal by which the same has been dismissed.

(2.) Sub section (1) of section 378 of the said Code of 1973 reads thus :-

(3.) In case of an order of acquittal passed by a learned Magistrate in respect of a cognizable and non bailable offence, an appeal against the acquittal is maintainable before the Court of Sessions. Under clause (b) of sub-section 1 of section 378, an appeal against the acquittal is maintainable to this Court from an original or appellate order of acquittal passed by any Court other than a High Court (not being an order under clause (a)) or an order of acquittal passed by the Court of Sessions in revision. Thus, an appeal against acquittal is maintainable in this Court only under clause (b) of sub section 1 of section 378 of the said Code of 1973 against an original or appellate order of acquittal or an order of acquittal passed by the Sessions Court in a revision application.