Case Note & Summary
The State of Maharashtra appealed against the judgment of the Additional District Judge, Sangli, dated 06.03.1997, in Sessions Case No. 139/1995, which acquitted all 12 accused persons charged under Sections 147, 148, 302 read with 149, and 326 read with 149 of the Indian Penal Code. The case arose from three incidents on 27.03.1995 in villages Wakurde and Padawalwadi, Sangli District, resulting in the death of Baban Tanaji Thorat. The prosecution examined injured witnesses PW No.11 Ramesh and PW No.13 Anna, and four eyewitnesses to the assault on the deceased. The trial Court disbelieved their testimony due to contradictions and inconsistencies. The High Court considered whether the trial Court was right in disbelieving these witnesses. The State argued that the trial Court erred, but the High Court found no perversity in the trial Court's assessment. The appeal was dismissed, upholding the acquittal.
Headnote
A) Criminal Law - Appreciation of Evidence - Injured Witness - Trial Court disbelieved the evidence of injured witness PW No.11 Ramesh and PW No.13 Anna due to contradictions and inconsistencies - Held that the trial Court's assessment was not perverse and the acquittal was justified (Paras 1-2). B) Criminal Law - Appreciation of Evidence - Eyewitness - Four eyewitnesses to the assault on deceased were disbelieved by trial Court - Held that their testimony lacked credibility and corroboration - State appeal dismissed (Paras 1-2). C) Criminal Law - Unlawful Assembly - Sections 147, 148, 149 IPC - Accused charged for rioting and murder - Trial Court found no reliable evidence to prove common object - Held that acquittal was proper (Paras 2-3).
Issue of Consideration
Whether the trial Court was right in disbelieving the evidence of injured witness PW No.11 Ramesh, injured witness PW No.13 Anna, and four eyewitnesses on the point of assault on the deceased, and consequently acquitting the accused.
Final Decision
Appeal dismissed. Acquittal of all 12 accused persons upheld.
Law Points
- Appreciation of evidence
- Injured witness testimony
- Eyewitness credibility
- Unlawful assembly
- Common intention
- Acquittal reversal
- State appeal against acquittal
