Properly Scrutinize Cases Before Deciding To File An Appeal, Refrain From Doing So When No Error Exists: Allahabad HC Directs UP Govt.

"Otherwise, it causes an unnecessary burden on the Courts as well as on the office of the Government Advocate", added the Court.

Dealing with a case, wherein no error in the impugned order was shown which could have justified the filing of the appeal, the Bench of Justice Munishwar Nath Bhandari and Justice Shamim Ahmed directed,

"The State Government should refrain themselves to file appeal in a case where no error exists."

The matter before the Court

A State appeal was filed against the judgment dated 20^th November 2020 passed by the Additional Sessions Judge, Jhansi acquitting the accused from the offence under Section 302 read with Section 34, 380 IPC.

On registration of the FIR for the offence under Section 302/34, 380 IPC, and 4/25 Arms Act, the investigation was conducted followed by a charge sheet. After framing of the charges, trial commenced.

The allegation in the FIR was that on 12^th February 2009 at about 7:00 p.m. when informant Smt. Meera returned to her house, the door was found open and her husband Dhani Ram was lying on the floor. He was in the pool of blood. Two mobile phones of her husband were found missing.

After the investigation, the charge sheet was filed and after framing of the charges, the prosecution produced 13 witnesses and 20 documents to prove their case.

However, the trial court did not find evidence to prove the case beyond doubt and accordingly acquitted the accused and the AGA admitted before the Court that the main witnesses turned hostile and the trial court found that the prosecution had failed to prove motive for the occurrence.

Court's observations

The Court noted that the trial court had considered the statement of PW-1 Meera, informant of the occurrence who was not an eye witness. She just reported about missing of mobile phones to make out an offence under Section 380 IPC also.

The Court also noted that it was admitted by her that no occurrence of theft had taken place otherwise because the almirah was found intact and she could not support the prosecution case.

The Court also noted that many witnesses had turned hostile and the statement of PW-11 Rakesh Kumar Pandey had also been considered by the court below, who had admitted that as per the statement of the witnesses, the deceased had committed suicide.

Lastly, the Court noted,

"The learned AGA could not refer to any evidence which may prove the case beyond doubt and accordingly, we do not find any reason for interference in the judgment passed by the learned trial court acquitting the accused for the offence under Section 302/34 and 380 IPC."

With this, the appeal was accordingly dismissed.

Significantly, in another matter (decided on March 2) wherein accused was acquitted for the offence under Section 302/34 and 201 I.P.C. and the state had preferred an appeal before the Court, the High Court while dismissing the appeal had remarked,

"The State Government is directed to remain careful in filing the appeal. It should be filed only in those cases where despite sufficient evidence to prove the case beyond doubt, the Court has acquitted the accused or has not convicted him/them for the offence for which the case is made out."

The Court had also remarked,

"The appeal should be filed after proper scrutiny of the case and not in a casual manner, as has been done in this case. It unnecessarily creates a burden on the Court so as on the State without any justified reason."