Case Note & Summary
The State of Maharashtra filed an appeal against the acquittal of accused nos. 1 to 4 (respondents) by the trial court in a murder case. The prosecution alleged that on 24.10.2002, the deceased Baban Kondiba Khetmalis was murdered by the accused. The sole eyewitness (PW-1) turned hostile and did not support the prosecution case. The medical evidence indicated death due to drowning with no external injuries, suggesting accidental death. The trial court acquitted all accused. During the appeal, accused nos. 2 and 3 died, and the appeal abated against them. The High Court, after hearing the parties, held that the trial court's findings were not perverse and the prosecution failed to prove the case beyond reasonable doubt. The appeal was dismissed, and the acquittal of the remaining accused was upheld.
Headnote
A) Criminal Law - Acquittal Appeal - Standard of Proof - The State appealed against acquittal under Section 378 CrPC. The court reiterated that the appellate court should not interfere with an acquittal unless the findings are perverse or unreasonable. Held that the trial court's appreciation of evidence was plausible and not perverse (Paras 1-5). B) Evidence Law - Hostile Witness - Evidentiary Value - The sole eyewitness (PW-1) turned hostile and did not support the prosecution case. The court held that his testimony cannot be relied upon to convict the accused. Held that the prosecution failed to prove the presence of the accused at the scene (Paras 6-10). C) Medical Evidence - Cause of Death - Homicidal or Accidental - The post-mortem report indicated that death was due to asphyxia due to drowning, and there were no external injuries suggesting homicide. The court held that the medical evidence did not support the prosecution's theory of murder. Held that the death could be accidental (Paras 11-15). D) Criminal Procedure Code, 1973 - Section 378 - Appeal Against Acquittal - The court held that the trial court's findings were based on proper appreciation of evidence and there was no ground to interfere. Held that the appeal was devoid of merit and dismissed (Paras 16-20).
Issue of Consideration
Whether the acquittal of the accused by the trial court was perverse and liable to be set aside in appeal.
Final Decision
The appeal is dismissed. The acquittal of respondent nos. 1 and 4 is confirmed. The appeal stands abated against respondent nos. 2 and 3.
Law Points
- Acquittal appeal
- standard of proof
- hostile witness
- circumstantial evidence
- medical evidence
- dying declaration
- abatement of appeal
