Case Note & Summary
The appellant, Salim Babu Khan, the father of the deceased Shama, filed an appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal passed by the learned Sessions Judge, Jalna in Sessions Case No. 49 of 2021. The trial court had acquitted the respondents, Munawar @ Manwar Yusuf Shaikh (accused no.1, husband of the deceased) and Savita @ Manisha Ramesh Jadhav (accused no.2), of offences under Sections 302, 201, 120-B read with Section 34 of the Indian Penal Code, 1860. The case of the prosecution was that accused no.1 was married to Shama and they had a son. Accused no.1 was having an extra-marital affair with accused no.2, which led to frequent quarrels. On 03.11.2020, accused no.1 poured diesel on Shama and set her on fire, causing 100% burns and instantaneous death. The FIR was registered as Crime No. 516 of 2020. During trial, the prosecution examined 8 witnesses and relied on documentary evidence. The trial court, after appreciating the evidence, held that the prosecution failed to prove that there was a criminal conspiracy between the accused persons to commit the murder of the deceased, and accordingly acquitted them. The appellant, being the informant and father of the deceased, appealed against the acquittal. The High Court heard the learned counsel for the appellant and the learned APP for the State. The appellant's counsel argued that the trial court erred in acquitting the accused despite sufficient evidence. However, the High Court, after perusing the impugned judgment, found that the trial court had properly appreciated the evidence and the findings were not perverse. The High Court noted that the prosecution had failed to establish the chain of circumstances leading to the guilt of the accused. Consequently, the High Court dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Procedure Code - Right of Appeal - Section 372 Cr.P.C. - Victim's Right to Appeal - The informant, being the father of the deceased, has a right to appeal against acquittal under Section 372 of the Code of Criminal Procedure, 1973. The court considered the appeal on merits. (Paras 1-4) B) Indian Penal Code - Murder - Criminal Conspiracy - Sections 302, 120-B IPC - Acquittal - The trial court acquitted the accused of murder and criminal conspiracy on the ground that the prosecution failed to prove that the accused husband and his paramour conspired to kill the deceased. The High Court held that the trial court's findings were based on proper appreciation of evidence and were not perverse. (Paras 2-3, 5-6) C) Evidence Law - Appreciation of Evidence - Circumstantial Evidence - The prosecution relied on circumstantial evidence, but the chain of circumstances was incomplete. The High Court found no reason to interfere with the acquittal. (Paras 5-6)
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and liable to be set aside?
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Sessions Judge, Jalna in Sessions Case No.49 of 2021 is confirmed.
Law Points
- Section 372 Cr.P.C. provides right of appeal to victim
- Acquittal cannot be reversed unless perverse or unreasonable
- Burden of proof on prosecution to prove conspiracy beyond reasonable doubt
