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PETITIONER: JAGBIR AND ANR

       Vs.

RESPONDENT: STATE OF PUNJAN

DATE OF JUDGMENT:       03/09/1998

BENCH: M.K.MUKHERJEE, SYED SHAH MOHAMMED QUADRI

ACT:

HEADNOTE:

JUDGMENT:  ORDER Consequent upon a charge sheet  (challan)  submitted by the police and a committal enquiry that followed, the two appellants  and  others  were  placed  on  trial  before  an Additional Sessions Judge, Ferozpur. The trial ended  in  an acquittal of all of them; and aggrieved thereby, Birbal, the complainant,  filed  an  appeal  before the High Court after obtaining leave under Section 378(4) Cr.P.C. In disposing of the appeal the High Court set aside the acquittal of the two appellants and convicted them under Section  302/34  I.P.C., while  upholding  the  acquittal of others. Aggrieved by the order of the conviction and sentence recorded  against  them the appellants filed this appeal under Section 379 Cr. P.C. Since  the appeal must succeed on a pure question of law, we need not go into the facts of the case.  Admittedly, the cognizance in the instant case was taken upon  a  police report under Section 190(1) (b) Cr.  P.C.Resultantly, it was the  State  alone who could file an appeal in the High Court against the order of acquittal under Section 373(1)  Cr.P.C. after  obtaining leave under sub-section (3, thereof and not the complainant who could only  file  an  application  under Section 401 Cr.  P.C.  for revision of that order.  The High Court,  therefore  was  not at all justified in entertaining the appeal of the complainant and disposing the same in  the manner aforesaid.  On this score alone, we allow this appeal and restore  the  order  of the trial Court.  The High court will now  treat  the  memorandum  of  appeal  filed  by  the complainant  as  an application for revision of the order of the Sessions Judge, qua the two appellants only, and dispose of the same in accordance with law.  The appellants who  are in  jail  be  released forthwith unless wanted in connection with any other case.