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TMI Blog2016 (7) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... d No. 2. In October, 1991, U. Ramachandraiah expired during the trial. The trial court acquitted the Accused No. 2 Subbarayudu by judgment dated 25.10.1993. However, the trial court observed on the basis of oral and documentary evidence that Ramachandraiah alone committed the offence as alleged by the prosecution. Further, that there was no oral or documentary evidence placed before the Court to show that Subbarayudu the surviving accused assisted Ramachandraiah in committing the alleged offence. In effect, the trial court found Ramachandraiah responsible for the offences though he could not be adjudged guilty since he had expired. Proceedings under the Criminal Law Amendment Ordinance against the property of the deceased 2. In 1997, the State moved an application under the Criminal Law Amendment Ordinance, 1944 (Ordinance No. XXXVIII of 1944) for attachment of property of the Appellant under the criminal law. Thereon, the District Judge passed an order of interim attachment under Clause 4 of the ordinance on the basis that Ramachandraiah has committed the scheduled offences or that he has procured money or the property in question from the proceeds of such offence. The District ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt has not validly convicted and found the accused or the person whose property is sought to be attached as guilty. Learned Counsel submitted that in this case, it was not possible for the criminal court to have convicted or found Ramachandraiah guilty since he expired in 1991 during the trial. In fact, according to the Appellants, no application for attachment could have been made under these circumstances. Learned Counsel for the Respondents strongly opposed the prayer and submitted that the Appellants may not to be allowed to retain property obtained by ill-gotten means and it was legal for the learned District Judge to have passed the order of attachment in respect of such property which was admittedly the subject matter of the charge-sheet. It has, therefore, become necessary for us to examine whether the property of a person which was merely case of an offence of misappropriation but who died during the pendency of the criminal trial can be attached in the hands of his legal representatives under the provisions of Criminal Law Amendment Ordinance, 1944. 6. As far as making the application for attachment, we find that the law authorises the State Government to make such an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said person ordinarily resides or carries on business; thus clearly requiring the existence of such a person. It excludes the possibility of proceedings against a dead person. Clause 4 of the act empowers the District Judge to pass an order of ad interim attachment on prima facie grounds for believing that the person in respect of whom the application is made has committed any scheduled offence or has procured any money or property thereby. Sub-clause 2 requires the District Judge to issue a notice, presumably at the address where the person ordinarily resides or carries on business (vide Clause 3) along with copies of the order and the application etc. Clause 5 provides for an investigation of objections to the attachment who have been served with notices under Clause 4. Sub-clause 3 empowers the District Judge to pass an order making the ad interim order of attachment absolute or varying it by releasing a portion of the property or withdrawing the order. Clause 13 requires the Government to inform the District Judge about the status of the criminal proceedings. It requires the Government to furnish the District Judge with a copy of the judgment or order of the trial court and wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused does not exist and cannot be convicted. Consequently, the learned District Judge committed a gross error of law in acting upon such a finding and treating Ramachandraiah as guilty of such offences while making the order of attachment and while confirming the said order of attachment of properties. 8. In such circumstance, the courts below erred in recording the finding that Appellant No. 1 had committed the offence as alleged by the prosecution. Further, finding recorded by the learned Single Judge of the High Court that Appellant No. 1 alone had committed the offence and nor Appellant No. 2, must be taken to have misappropriated the said amount is perverse. A criminal trial is not like a fairy tale wherein one is free to give flight to one's imagination and fantasy. It concerns itself with the question as to whether the accused arraigned at the trial is guilty of the crime with which he is charged ................. In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the court has to judge the evidence by the yardstick of probabilities, its intrinsic worthy and the animus of witness State of Punjab v.Jagbir Singh,Baljit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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