High Court Jharkhand High Court

Pramila Mishra vs State Of Jharkhand & Ors on 15 September, 2011

Jharkhand High Court
Pramila Mishra vs State Of Jharkhand & Ors on 15 September, 2011
                    Cr. Revision No. 1039 of 2009

           Against the judgment dated 8th December,2006 passed by
           Additional Sessions Judge-6th Jamshedpur in Cr. Appeal No.
           147 of 1998.



           Pramila Mishra                    ...    ....Petitioner
                             Vs.
           1.

The State of Jharkhand

2. Nimai Chandra Mishra

3. Vivekanand Mishra ….Opposite Parties

For the Petitioner: Mr. Yadunandan Mishra
For the State: Mrs. Sadhna Kumar, APP
For the O.P. No. 2&3: Mr. Amit Kumar Das

PRESENT
HON’BLE MR. JUSTICE PRASHANT KUMAR

Prashant Kumar,J: This criminal revision is directed against the judgment

dated 8th December, 2006 passed by Additional Sessions Judge-6 th,

Jamshedpur in Cr. Appeal No. 147 of 1998 whereby the learned court

below set aside the judgment of conviction and order of sentence dated

22nd August 1998 passed by Judicial Magistrate, 1st Class, Jamshedpur in

G.R. Case No. 64 (A) of 1990 , T.R. No. 101 of 1998, whereby he

convicted O.P. Nos. 2 & 3 under section 498A and 406 of the IPC and

sentenced them to undergo R.I. for 2 years on each count.

It is submitted by Sri Mishra, learned counsel for the

petitioner that learned appellate court below had wrongly appreciated the

evidence of prosecution and came to the conclusion that prosecution

failed to prove the case beyond shadow of all reasonable doubts.

Accordingly, he submitted that the judgment of appellate court below

cannot be sustained.

Having heard the submission, I have gone through the record

of the case. From perusal of impugned judgment, I find that learned

appellate court below considered statements of all witnesses examined

on behalf of prosecution and after analyzing the same come to the

conclusion that their evidence is far from truth and witnesses are
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untrustworthy.

I find no irregularity in the judgment of learned appellate

court below. Learned counsel for the petitioner has not pointed out any

illegality in the judgment of the appellate court. It is well settled that a

revisional court can interfere with judgment of acquittal only in cases

where some serious illegality committed by the appellate court. Learned

counsel for the petitioner wants to challenge the impugned judgment on

facts, which is not permissible.

Accordingly, I do not want to interfere with the impugned

judgment. Accordingly, this criminal revision is dismissed.

( Prashant Kumar,J.)

Jharkhand High Court, Ranchi
Dated 15.9.2011
Sharda/NAFR