The Government of Bengal vs Parmeshur Mullick

Mitter, J.—This is an application by the Local Government for leave to appeal u/s 417 of the Code of Criminal Procedure against an order of acquittal passed in a trial by jury. The grounds upon which the appeal is sought to be preferred are all questions of fact. It is contended that under the Code an appeal u/s 417 would lie upon questions of fact, although the acquittal was had in a trial by jury. We are of opinion that this contention is not valid. Section 417, which provides for the appeal, says:-- "The Local Government may direct the Public Prosecutor to present an appeal to the High Court, from an Original or Appellate order of acquittal passed by any Court other than a High Court." Section 418 says:-- "An appeal may lie upon a matter of fact as well as a matter of law, except where the trial was by jury, in which case the appeal shall lie on a matter of law only." Then Section 423, Clause (d) says:--"Nothing herein contained shall authorize the Court to alter or reverse the verdict of a jury, unless it is of opinion that such verdict is erroneous owing to a misdirection by the Judge, or to a misunderstanding on the part of the jury of the law as laid down by him." These provisions clearly show that an appeal against an order of acquittal in a case which is tried by a jury must be supported upon a ground which is covered by Section 418 of the Code of Criminal Procedure. It is admitted in this case that there is no such ground alleged in the petition of appeal. We therefore reject this application.