Lapse On Part Of Investigating Officer Cannot Be A Ground For Acquittal: Allahabad High Court Convicts Man For Murder Of Wife Committed 43 Years Ago

The Allahabad High Court convicted a husband and sentenced him to Life Imprisonment for the murder of wife committed 43 years ago and observed lapse on part of the Investigating Officer cannot be a ground for acquittal of the accused.

The Bench of Justice Rajiv Gupta and Justice Harvir Singh observed, “It has been repeatedly held by this Court as well as by the Hon’ble Apex Court that lapse on part of the Investigating Officer cannot be a ground for acquittal of the accused. Thus, on this ground, the finding recorded by the trial court acquitting the accused respondents is patently perverse, illegal and liable to be set aside.”

Advocate Jitendra Kumar Jaiswa represented the Appellant, while Advocate Rajiv Kumar Tripathi represented the Respondent.

Case Brief

An Appeal was filed by the State against the order of Trial Court wherein all accused persons were acquitted of the charges framed against them under Section 302 read with Section 34 and 201 IPC.

An FIR was lodged in 1982 on the complaint of the father of the deceased woman, who alleged that four persons murdered the deceased woman, out of which one was the husband of the deceased woman. While the Accused-Husband contended that his wife was ill, prior to her death for the last 15-20 days and was being treated at the Govt. Medical Dispensary, but the doctor advised that she should be shifted to some bigger hospital for proper treatment. However, her health deteriorated and she expired.

After recording the entire testimony of the witnesses and hearing the accused-respondents, the trial court acquitted all the accused-respondents of all the charges framed against them.

Court’s Observation

At the outset, the High Court considered the principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal under Section 378 of CrPC and observed that the scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the corners of the following principles:-

a) That the judgment of acquittal suffers from patent perversity;

b) That the same is based on a misreading/omission to consider material evidence on record;

c) That no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record

“The appellate Court, in order to interfere with the judgment of acquittal would have to record pertinent findings on the above factors, if it is inclined to reverse the judgment of acquittal rendered by the trial Court”, the Court said.

After considering the evidence of record and the statements of the eye-witness, the Court held that the lapse on part of the Investigating Officer cannot be a ground for acquittal of the accused. Thus, on this ground, the finding recorded by the trial court acquitting the accused respondents is patently perverse, illegal and liable to be set aside.

Further, the Court observed, “It is not necessary that every person, who has seen a crime, must take the law to recourse, it is the aggrieved party, that brings law into motion, and a witness can adduce the evidence and can testify the testimony. Even the said finding recorded by the trial court is patently perverse and illegal.”

Subsequently, the High Court held that the judgment and order passed by the trial court was patently perverse and illegal and, therefore, liable to be set aside by allowing the appeal.

Cause Title: State V. Awadhesh Kumar & Ors. (Neutral Citation: 2025:AHC:169643)

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