Hemant Surati (Lawyer and Legal Advisor) 21 April 2022

Ipc 307 and session decision

Recently I found that one IPC 307 judgment that - Court has decided in the order in favor of Accuse. As In criminal case - it was always Accuse Vs Govt. and on behalf of Government the PP will react. according to the opposite party that Accuse has manage the things under table at session level - the accuse has big political influence so they can easily manage the same. the CC case been on trial since 12 years and recently the judgment was declare due to the judge comes who always given the favor to accuse . now the question is ...

(1) First of all as legal professional i m not agree with favors will happen.

(2) Yes - it was found that out of 9 Accuse one has been under Jail under IPC 302 - and that was not consider by court during trial.

(3) can Opp. party directly appeal to the High Court. ?

(4) Up to what extend the chances that High court can reverse the session court decision.

(5) If one particular never punish to any accuse then what complain can made against him/her.

(6) If PP (Public Prosecute) deliberately do wrong things then what complain can made against him/her.

I m dealing in Corporate Law so posted here for vies of expert.

Thanks -

Hemant Surati

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2 Replies

shraddha Easwaran 23 April 2022

Dear querist,

1. Sir, all the minute facts and details are taken into consideration, which passing a judgment. So, one cannot accuse the court of favourism. If one is not happy with the current judgment, they may opt to file a lawsuit in a higher court.

2. IPC 302 covers culpable homicide amounting to murder. Its highly unlikely that the court would not have taken such a major fact or issue into consideration.

3. Direct appeal is not appropriate, as any case follows the hierarchy pattern. If a person is not satisfied with the district court or sessions court judgment, then they may opt to appeal to a higher court.

4. The chances in this case are highly unpredictable, as the role of facts and figures play an important role here.

5. There are 2 important scenarios that may arise here, first being, that the cases the judge dealt with, had false acquisations.

In the other scenario the judge is not discharging his or her legal duty. This may be termed as breach and legal action may be taken against him or her.

Thankyou,

Shraddha

Hemant Surati (Lawyer and Legal Advisor) 24 April 2022

Thanks Shaddha for your Valuable Response.

Please favor any Genuin Capable Advocate in Gujarat High Court - as a Profession the real fact need to represent before society is very necessary , else it would kind of cimme will pramote more crime in future.

I m serching best advocate to guide the opponant party..

My cell no. 9727705810.