Naga Balaji (Law Student.) 02 September 2011

Chance of prosecuting in acquitted murder case after 12 year

My father was murdered by his own brother along with 3 of his associates because of business rivalry on 28th July 1999. The confession statement was given by him and other three accused before a magistrate after few days of the incident. The identification parade was conducted two of the witness had identified the witness. The case came to trial during January 2002. But to drag on the case and to turn the witness hostile he dragged the case by absconding one of his associate.

Finally after making some agreement with the witness to turn them hostile. All four appeared before the court in trial proceedings on April 2003. Direct witness turned hostile. In spite of other witness in form of circumstantial and corroborative evidence, other associated motive the case is being acquitted with order dated June 2003.

As i was a small boy,my mother was alone not knowing the legal proceedings and the accused are economically sound, we were not able to insist on the government to appeal.

Now i had chosen the legal studies (LLB) just because of the emotional trouble that i underwent in all the past 12 years.Now i am a student.

In this circumstances is it possible for me to insist on the government to continue the prosecution in the Higher court.

What are the steps that i should undertake to insit on the govement and the court to take up the acquitted case after 8 years.

Please help me in knowing is it possible to Prosecute acquitted Murder case after 12 Years of murder and 8 years after being acquitted.

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5 Replies

kvss.prabhakar rao (Advocate ) 03 September 2011

Mr, Muruganantham, It is not possible. Limitation prescribed by law TO prefer appela agsint acquittal. Under sec 378 Cr. p.c the period of limitation is 180 days only. But your case alomost 8 elapsed so it is no possible right now. Sorry.

regards.

K.V.S.S. PRABHAKAR RAO, ADVOCATE, RAJAHMUNDRY ( A.P. 0

Naga Balaji (Law Student.) 03 September 2011

sir,

first of all thank u for ur valuable information.

if i had asked u before 8 years i could have been benifited.

A very misserable situation with law by creating all these technicalities with section 378 of crpc.

law has created all these problem to me. law has failed to recognize the emotion turnmoil of the young heart.

Law had made me insane. it made me psycholgically vulnerable.

anyhow is it possible for revision or any other option available.

subhash kulkarni (put in more than 40 years practice) 08 September 2011

If you have the charge-sheet, statement of witnesses, the reasoned order of the trial court acquitting the accused and on considered legal advise devoid of any sentimental approach if in the assessement of all aspect opinion is the acquittal was based on erronous grounds and only reasonable and legal conclusion beyond reasonable doubt should have been conviction , you can still prefer an appeal accompanied with application for leave to appeal and condonation of delay on the ground probably that there was no one in the family to persue the case during the last eight years , you may still have a chance to atleast persue your effort to set right the wrong committed to you and to your late father. The Hon'ble High Court has enough inherent powers to act to secure the ends of justice.

You may please refer to section 482 Cr.P.C. regarding inherent powers of H.C. and also section 2(wa) read with section 372 Cr..P.C. (as amended w.e.f.31.12.2009)

subhash kulkarni

Naga Balaji (Law Student.) 08 September 2011

Sir, thank u for this information.

I am having all the documents that you had described.

The only failure in the case is that direct witness whi witnessed the crime had turned hostile at the stage of trial.

And the confession statement given by accused in the course of pre trial before the magistrate is retracted during the trial.

All other witness for motive and other corrobrative witness was only available during the trial.

Ok sir, I will find the way to appeal in the high court.

Once again thank u for the information.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 16 September 2011

In a murder case, the State is the aggrieved party and not the relatives of the deceased. But close relatives can also join the prosecution. If the decision of the lower court was not appealed against by the State, it was primarily the fault of the State. You were too young to understand things and take action. These are also points in your favour.