Trial Court Judgment Set Aside In Earlier Round Becomes Non-Existent, Can't Be Reconsidered In Appeal On Merits: Gauhati High Court

The Gauhati High Court has held that where an earlier trial court judgment had already been set aside by the appellate court remanding the matter for fresh adjudication, the appellate court cannot later reconsider the earlier "non-existent judgment" on merits and uphold it.Justice Anjan Moni Kalita observed that Judgment dated 30.04.2011, passed by the magistrate court was in essence set aside by the Sessions Court on 01.11.2011 wherein the session judge had specifically stated that it was a fit case for remand.“Therefore, there is no ambiguity that the Judgment dated 30.04.2011, passed by the learned SDJM, Margherita, in GR Case No. 206/2007 was, in fact, set aside. So, when the matter was remanded to the learned SDJM, Margherita, the same was freshly heard and considered and after recording the statement of the aforesaid Mintu Pradhan (PW-11), under Section 311 Cr.P.C., passed the Judgment and Order dated 27.08.2013.Therefore, when the matter was heard afresh by the learned SDJM, Margherita, and upon consideration of the examination of PWs, including PW-11, i.e., Monti Pradhan, passed the Judgment and Order without considering the Judgment and Order dated 30.04.2011 and therefore, there was no occasion for the learned Sessions Judge, Tinsukia, to get the non-existent Judgment and Order dated 30.04.2011 for reconsideration and examination on merits,” Justice Kalita added.The case arose from an FIR lodged in 2007 alleging that the accused persons, including a police officer, had assaulted the informant's son, causing serious injuries. The case was registered under Sections 325/34 IPC, and after reinvestigation, charges were framed under Sections 166/325/34 IPC. In the first round, the trial court acquitted the accused under Sections 325(voluntarily causing grievous hurt)/34 (common intention) IPC but convicted them under Sections 166(Public servant disobeying law, with intent to cause injury to any person)/34 IPC.The trial court judgment was set aside in appeal in 2011 by the sessions judge and the matter was remanded for fresh adjudication. After remand and further evidence, the trial court in 2013, acquitted the accused persons of all charges. This acquittal was then challenged in a subsequent appeal, where the Sessions Judge set aside the acquittal and proceeded to uphold the earlier judgment with modifications, convicting the accused.Before the High Court, the petitioners contended that the Sessions Judge had committed a patent procedural error in reviving and relying upon the earlier 2011 judgment, which had already been set aside and therefore had no legal existence. It was argued that the appellate court was required to examine only the validity of the 2013 judgment and could not go back to a judgment that stood wiped out.On consideration of the submissions made by the counsel appearing for the respective parties and on perusal of the impugned order, as well as other materials brought on record the Court said that there was a sustainable ground in the argument forwarded by the Senior Counsel appearing for the petitioners.Accordingly, the High Court opined, “the instant criminal revision petition should be allowed on the aforesaid ground alone and should be remanded to the learned Sessions Judge, Tinsukia, to consider and hear the Criminal Appeal No. 62(4)/2013 afresh without taking into consideration the Judgment and Order dated 30.04.2011, which has already been set aside by the learned Sessions Judge, Tinsukia, vide it's order dated 01.11.2011.”Accordingly, the High Court directed the Sessions Judge to, “hear the Criminal Appeal No. 62(4)/2013 on its own merit and decide the same within a period of 2(two) months from passing of this order, as the case relates back to an FIR lodged in the year 2007.”Consequently, the instant criminal revision petition was disposed of.Case Title: Sibo Prasad Choudhury and 5 Ors v. Bicky Khan and 2 OrsCase Number: Criminal Revision Petition No. 87 of 2015Click Here To Read Judgement

Trial Court Judgment Set Aside In Earlier Round Becomes Non-Existent, Can't Be Reconsidered In Appeal On Merits: Gauhati High Court

Bhavya Singh

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