Case Note & Summary
The State of Maharashtra filed an appeal against the judgment of the Ad-hoc Sessions Judge, Pune, dated 29 November 2002, in Sessions Case No.383 of 2001, acquitting the respondent-accused, Navnath Abu Londhe, of charges under Sections 302 and 307 of the Indian Penal Code, 1860. The prosecution's case was that the accused had a dispute with the deceased Pandurang Shankar Lokhande and his wife Jayabai (complainant) over a sandalwood tree. On 25 July 2001, the accused allegedly entered the complainant's house with a weapon, assaulted Jayabai on her head and hand, and then assaulted her husband Pandurang, causing his death. Jayabai lodged a complaint at Manchar Police Station. The accused was arrested and chargesheeted. The trial court acquitted the accused, finding the evidence insufficient. The State appealed, arguing that the trial court erred in acquitting the accused. The High Court examined the evidence, particularly the testimony of the sole eyewitness, Jayabai. The court noted inconsistencies in her testimony regarding the time of the incident and the sequence of events. The court also observed that the medical evidence did not fully corroborate the prosecution's version. The High Court held that the trial court's findings were based on a proper appreciation of evidence and were not perverse. The court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable. Since the prosecution failed to prove its case beyond reasonable doubt, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Sections 302, 307 Indian Penal Code, 1860 - Acquittal - Appeal against acquittal - The State appealed against acquittal of accused for murder of deceased and attempt to murder complainant - The High Court held that the trial court's findings were based on appreciation of evidence and not perverse - The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the testimony of the sole eyewitness (complainant) and lack of corroboration - The appeal was dismissed and acquittal was upheld (Paras 1-12).
Issue of Consideration
Whether the trial court's acquittal of the accused for offences under Sections 302 and 307 of the Indian Penal Code, 1860 was perverse and liable to be set aside.
Final Decision
The appeal is dismissed. The impugned order of acquittal passed by the learned Ad-hoc Sessions Judge, Pune in Sessions Case No.383 of 2001 is confirmed.
Law Points
- Acquittal upheld
- prosecution failed to prove guilt beyond reasonable doubt
- inconsistencies in witness testimony
- benefit of doubt to accused
- no interference with trial court's findings unless perverse
