[Criminal Appeal No.462 of 2008]. What are the true contours of the jurisdiction vested in the High Court's under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter for short 'the Code') while examining an order of acquittal passed by the Trial Court? Whether the principles governing the exercise of the aforesaid jurisdiction have been rightly determined by the High Court in the present case and, therefore, had been correctly applied to reverse the order of acquittal of the accused-appellant passed by the learned Trial Court and to remit the matter to the said Court for a de novo disposal, is the further question that arises in the present appeal filed against an order dated 27.04.2006 passed by the High Court of Judicature at Madras. The appellant is the husband of one Anusuya who, according to the prosecution, was put to death by the appellant on 19.4.2000 by pouring kerosene on her and thereafter setting her on fire. The marriage between the appellant and the deceased took place sometime in the year 1998 on the own accord of the parties.
↧