Case Note & Summary
The case arises from a criminal revision application filed by the complainant, Abdul Rasheed, against the acquittal of the accused persons in Sessions Case No. 106 of 1998. The deceased was the son of the complainant. The prosecution alleged that on 14.2.1988 at about 8.30 p.m. at Labour Colony, Nanded, the accused beat the deceased with kicks and blows. Accused no. 2 held the deceased from behind while accused no. 4 beat him on the chest and left arm with an iron punch, causing blood oozing. The deceased ran towards a fire brigade station and fell into mud. Eyewitnesses Moinuddin (PW3) and Sayyad Jamil (PW4) were present. The deceased was taken to the hospital by his brother Firoz (PW10) and father Abdul Gani (PW5). On the way, the deceased narrated the incident to them. He died between 11 to 11.30 p.m. the same day. The father lodged a report at 3 to 3.30 a.m. The police registered the crime and after investigation, filed a charge sheet. The trial court acquitted the accused. The complainant filed a revision under Section 401 CrPC. The High Court examined the evidence and found that the dying declaration was not consistent with the eyewitness accounts. The court noted that the trial court's appreciation of evidence was plausible and not perverse. The revision was dismissed, upholding the acquittal.
Headnote
A) Criminal Procedure Code - Revision - Section 401 - Scope of Revision against Acquittal - The revisional court cannot interfere with an order of acquittal unless the findings are perverse, based on no evidence, or suffer from gross miscarriage of justice - The court must be cautious and not reappreciate evidence as an appellate court - Held that the trial court's appreciation of evidence was plausible and not perverse (Paras 1-10). B) Indian Penal Code - Murder - Sections 147, 148, 302 read with 34 - Dying Declaration - Credibility - The dying declaration must be consistent, voluntary, and free from tutoring - Inconsistencies between the dying declaration and eyewitness accounts render the prosecution case doubtful - Held that the trial court rightly acquitted the accused due to lack of reliable evidence (Paras 3-8).
Issue of Consideration
Whether the judgment of acquittal passed by the Additional Sessions Judge was perverse and liable to be set aside in revision under Section 401 of the Criminal Procedure Code.
Final Decision
The revision application is dismissed. The judgment of acquittal passed by the Additional Sessions Judge, Nanded, in Sessions Case No. 106 of 1998 is upheld.
Law Points
- Acquittal cannot be reversed unless perverse or based on no evidence
- Revision under Section 401 CrPC has limited scope
- Burden of proof on prosecution beyond reasonable doubt
- Dying declaration must be consistent and reliable
