1961 (10) TMI 113 - HC - Indian Laws

High Court Can Hear Appeal Against Acquittal u/s 302 IPC Despite Prior Conviction u/s 304 IPC.

The High Court is competent to hear the appeal against acquittal under Section 302 IPC, despite a prior judgment confirming conviction under Section 304 ... - Issues Involved:1. Maintainability of the appeal against acquittal under Section 302 IPC.2. Finality of judgments under Section 430 CrPC.3. Competence of the High Court to hear an appeal from acquittal after deciding an appeal from conviction.4. Powers of the Appellate Court under Section 423 CrPC.5. Res judicata and finality in criminal appeals.6. Impact of prior judgments on subsequent appeals.7. Interpretation of Section 71 IPC in relation to multiple convictions.8. Principles of criminal jurisprudence regarding multiple convictions for the same act.9. Application of Supreme Court precedents.10. Procedural aspects under Section 425 CrPC.Detailed Analysis:1. Maintainability of the Appeal Against Acquittal Under Section 302 IPC:The appeal against the acquittal of the respondents under Section 302 IPC is maintainable. The High Court admitted both the appeals-one by the accused against their conviction and the other by the State against the acquittal-under Section 422 CrPC. It is obligatory for the High Court to hear and decide both appeals as provided in Section 423 CrPC. A criminal appeal that was competent when filed cannot become incompetent due to any subsequent event or judgment in another appeal arising out of the same trial.2. Finality of Judgments Under Section 430 CrPC:Section 430 CrPC provides that judgments and orders passed by an Appellate Court upon appeal shall be final except in cases provided for in Section 417 and Chapter XXXII. The judgment of the Division Bench in Criminal Appeal No. 645/60 is final and must be treated as such. However, this finality applies only to the points decided in that appeal, not to the points that arise in the appeal against acquittal under Section 302 IPC.3. Competence of the High Court to Hear an Appeal from Acquittal After Deciding an Appeal from Conviction:The High Court is competent to hear an appeal from acquittal even after deciding an appeal from conviction. The points for determination in the appeal against conviction under Section 304 IPC were whether the Sessions Court was right in convicting the accused and whether the sentence was proper. These points do not overlap with the question of acquittal under Section 302 IPC, which was not considered in the appeal against conviction.4. Powers of the Appellate Court Under Section 423 CrPC:The Appellate Court has the power under Section 423(1)(a) CrPC to reverse an order of acquittal, direct further inquiry, order a retrial, or find the accused guilty and pass sentence. However, if the conviction under Section 304 IPC is confirmed, the High Court cannot order a retrial for the same offense under Section 302 IPC, as it would conflict with the finality of the conviction under Section 304 IPC.5. Res Judicata and Finality in Criminal Appeals:The principle of res judicata applies to points finally decided by a competent court. The High Court must accept as final the findings of the earlier judgment on all matters it was competent to decide. The decision in Appeal No. 645/60, confirming the conviction under Section 304 IPC, is final and cannot be challenged in the subsequent appeal against acquittal under Section 302 IPC.6. Impact of Prior Judgments on Subsequent Appeals:The finality of the judgment in Appeal No. 645/60 does not affect the competency of the High Court to hear the appeal against acquittal. The High Court must ensure that it does not interfere with any final decision by a competent court. The appeal against acquittal raises different points from those decided in the appeal against conviction.7. Interpretation of Section 71 IPC in Relation to Multiple Convictions:Section 71 IPC limits the punishment for multiple offenses arising from the same act but does not preclude multiple convictions. An act may be punishable under different sections, and the accused can be convicted under both sections. The punishment, however, must be regulated to avoid exceeding the maximum allowed under Section 71 IPC.8. Principles of Criminal Jurisprudence Regarding Multiple Convictions for the Same Act:It is not against the principles of criminal jurisprudence to convict a person of two distinct offenses on the same set of facts. This is contemplated by Sections of the IPC and Section 71 IPC, provided the punishment does not exceed the statutory limit.9. Application of Supreme Court Precedents:The Supreme Court's decision in U. J. S. Chopra v. State of Bombay clarifies that the finality of a High Court judgment extends only to the points actually decided. The principle of merger or replacement of one judgment by another applies only to the points decided in the appeal, not to points not considered by the High Court.10. Procedural Aspects Under Section 425 CrPC:Section 425 CrPC requires the High Court to certify its judgment to the lower court, which must then conform to the High Court's judgment. If the High Court convicts the accused under Section 302 IPC in the appeal against acquittal, it must certify this judgment, and the lower court will record the conviction and sentence accordingly, subject to the provisions of Section 71 IPC.Conclusion:The appeal against the acquittal under Section 302 IPC is maintainable and must be heard and decided by the High Court, subject to the finality of the earlier judgment confirming the conviction under Section 304 IPC. The High Court must ensure that it does not interfere with the final decision of the earlier judgment while hearing the appeal against acquittal.