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Synopsis

The Supreme Court has clarified that an accused has the right to directly file a criminal appeal before the apex court if a high court overturns his acquittal. In such cases, the accused is not required to file a special leave petition but can appeal as a matter of right.

"A plain reading of Section 379 of the CrPC would reveal that it provides for an appeal against conviction by the High Court inter alia where the High Court on appeal reversed an order of acquittal and sentenced the accused to imprisonment for life," a bench of Justices Pankaj Mithal and Ahsanuddin Amanullah said.

Therefore, the court held, in a case of acquittal by trial court where the high court reverses it and convicts the accused for life imprisonment, statutory appeal lies to the Supreme Court.

The court allowed a criminal miscellaneous application filed by Jayapal Bhimappa Janagouda and another.

In the case, the trial court by its judgment and order of July 10, 2015, had acquitted the petitioners under Section 302 of the Indian Penal Code. The said judgment and order had, however, been reversed by the high court by the judgment and order of December 16, 2022, and the two accused had been sentenced to life imprisonment.

Both the accused moved petitions under Article 136 of the Constitution before the apex court.

The counsel for the petitioners submitted that in fact, according to the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 of the Code of Criminal Procedure, the accused ought to have filed criminal appeals and not Special Leave Petitions before this Court.

By the application, the counsel stated that they may be permitted to convert the Special Leave Petitions into Criminal Appeals under Section 379 of the CrPC.

Agreeing to the submission, the bench said, "In view of the specific provision contained in Section 379 of the CrPC, we allow the present Special Leave Petitions to be converted into Criminal Appeals under Section 379 of the CrPC, which lies as matter of right."

The court allowed the criminal miscellaneous application and directed the Registry to proceed accordingly and file a fresh report.

The high court, in its judgment, had convicted the two appellants of assaulting and killing the complainant's wife Sunanda on September 30, 2003, over a quarrel related to the partition of the properties. Both the parties were closely related to each other.

Case Title: Jayapal Bhimappa Janagouda & Anr Vs State of Karnataka & Ors