Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 10th December 2001 passed by the Additional Sessions Judge, Baramati in Sessions Case No. 85 of 1998, acquitting the respondents (original accused) for offences punishable under Sections 302, 326, 396 read with 34 of the Indian Penal Code, 1860. The prosecution case was that on 18th May 1998, the informant Rama Dinkar Dhumal had gone to his mother's house at Dhumal Vasti, Gopalwadi, to fetch her for a marriage ceremony. He left her there and returned. The next morning, the father-in-law of informant's brother discovered that Manik, Baban, and Kamal were lying dead, and Savitribai and Jaya were injured. The informant rushed to the spot and found the deceased with injuries. The trial court acquitted the accused on the ground that the prosecution failed to produce credible evidence and could not prove motive. The High Court, in appeal, examined the evidence and found that the trial court's view was plausible and not perverse. The High Court held that the prosecution failed to prove its case beyond reasonable doubt and dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Acquittal - Appeal against acquittal - Sections 302, 326, 396 read with 34 Indian Penal Code, 1860 - State appeal against acquittal of accused for murder and robbery - Trial court acquitted accused on ground of lack of credible evidence and failure to prove motive - High Court held that the view taken by trial court was plausible and not perverse, hence no interference warranted - Held that prosecution failed to prove guilt beyond reasonable doubt (Paras 1-15).
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 trial court is upheld.
Law Points
- Acquittal upheld
- lack of credible evidence
- failure to prove motive
- benefit of doubt
- no interference with acquittal unless perverse
