LAWS(P&H)-1995-3-35

JASWANT KAUR Vs. RULDU SINGH

Decided On March 31, 1995
JASWANT KAUR Appellant
V/S
RULDU SINGH Respondents

JUDGEMENT

(1.) This is a revision petition filed by Jaswant Kaur directed against the judgment passed by the learned Sessions Judge, Sirsa dated 13.8.1994 acquitting the accused persons.

(2.) The prosecution relied upon the extra Judicial confession purported to have been made by the accused persons to Mithoo Singh and the disclosure statement of Ruldu Singh, accused on the basis of which it is alleged that he got recovered the Gandasi. The learned SessionsJudge has not believed the said evidence to be reliable.

(3.) In the revision filed under section 401, Code of Criminal Procedure directed against acquittal of the accused, interference can only be effected if without considering the material evidence on the record, the acquittal has been recorded. Interference may also be made if the probative value of the evidence has been ignored or judgment is erroneous on the face of it.