Case Note & Summary
The appellant, Rambhau Tatya Tambe, the brother of the deceased Ashabai, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973 (CrPC) challenging the acquittal of respondent no.2, Haridas Bhagwan Tarte, who was the husband of the deceased. The deceased Ashabai was married to the accused and they had two sons. Initially, the marriage was smooth, but later the accused started suspecting the character of his wife and harassed her. On 4 July 2012, the appellant received information that his sister was lying dead in a field. He went there and found injury marks on her neck, leading him to lodge a report against the accused for murder. The police registered a crime, investigated, and filed a charge sheet. The trial was conducted before the Additional Sessions Judge, Bhoom, who, after appreciating the oral and documentary evidence, held that the prosecution had failed to establish the guilt of the accused. The trial court observed that the case was based on circumstantial evidence and the prosecution could not complete the chain of circumstances. Consequently, the trial court passed a judgment and order dated 21 August 2019 acquitting the accused. The appellant, being the original informant, challenged this acquittal in the High Court. The High Court, after hearing the arguments, found that the appellant could not point out any perversity in the trial court's findings. The court noted that the trial court had properly appreciated the evidence and concluded that the prosecution failed to prove the guilt beyond reasonable doubt. Therefore, the High Court dismissed the appeal, upholding the acquittal of the accused.
Headnote
A) Criminal Law - Appeal against acquittal - Section 372 CrPC - Scope of interference - The informant challenged the acquittal of the accused for murder under Section 302 IPC. The trial court had acquitted on the ground that the prosecution failed to complete the chain of circumstances. The High Court held that unless the findings of the trial court are perverse or based on no evidence, the appellate court should not interfere with an acquittal. (Paras 1-3) B) Evidence Law - Circumstantial evidence - Chain of circumstances - Section 302 IPC - The prosecution's case was based on circumstantial evidence. The trial court found that the circumstances did not form a complete chain pointing to the guilt of the accused. The High Court upheld this finding, noting that the appellant failed to demonstrate any perversity in the trial court's appreciation of evidence. (Paras 2-3)
Issue of Consideration
Whether the acquittal of the accused for the offence punishable under Section 302 of the Indian Penal Code (IPC) deserves to be interfered with in an appeal under Section 372 of the Code of Criminal Procedure (CrPC) by the original informant.
Final Decision
The High Court dismissed the appeal, upholding the acquittal of the accused.
Law Points
- Appeal against acquittal
- Section 372 CrPC
- Circumstantial evidence
- Chain of circumstances
- Perversity
- Interference with acquittal
