ISSAC @ KISHOR versus RONALD CHERIYAN AND ORS.

ISSAC @ KISHOR versus RONALD CHERIYAN AND ORS.

The High Court was justified in setting aside the acquittal and ordering retrial as the omission to frame charges under Section 34 IPC, combined with failure to examine material evidence, had materially affected the trial, and therefore the discretion exercised under Section 386(a) Cr.P.C. cannot be said to be erroneous.

Parties
Appellant Accused No.1: Issac @ Kishor; Respondent No.1 Son of the Deceased: Ronald Cheriyan; Respondent: State of Kerala
Jurisdiction
India
Judgment Date
23 January 2018
Procedural Posture
Criminal Appeal / Appeal Against Order of High Court Remitting Matter for Retrial
Outcome
Appeal dismissed
Legal Topics
Acquittal, Retrial, Appellate Powers, Section 386 Cr PC, Common Intention (section 34 Ipc)
Criminal Law Acquittal Retrial Appellate Powers Section 386 Cr PC Common Intention (section 34 Ipc)

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Parties

Issac @ Kishor

Appellant Accused No.1

Ronald Cheriyan

Respondent No.1 Son of the Deceased

State of Kerala

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order of High Court Remitting Matter for Retrial

Legal Issues

  1. 1 Whether the High Court was justified in setting aside the acquittal and remitting the matter for retrial under Section 386(a) Cr.P.C.

Ratio Decidendi

The High Court was justified in setting aside the acquittal and ordering retrial as the omission to frame charges under Section 34 IPC, combined with failure to examine material evidence, had materially affected the trial, and therefore the discretion exercised under Section 386(a) Cr.P.C. cannot be said to be erroneous.

Court Disposition

Appeal dismissed

Orders

  • Trial court to proceed with retrial as per the directions of the High Court and dispose of the matter expeditiously.
  • No costs.