Case Note & Summary
The State of Goa appealed against the acquittal of Mohan Biswal for the murder of an unknown person under Section 302 IPC. The prosecution case was that on 27.3.2011, a dead body was found in a pool of blood near Sairaj Park, Ponda. The watchman, Rajpayeng (PW3), informed the police that he saw an unknown person rushing towards the gate and falling down with a bleeding injury. An FIR was registered against an unknown person. During investigation, the police arrested the respondent based on suspicion and alleged recovery of a knife. The trial court acquitted the respondent, finding the evidence insufficient. The High Court, in appeal, examined the evidence and found that the prosecution failed to prove the chain of circumstances. The court noted that the recovery of the knife was not credible, and there was no eyewitness. The court held that the trial court's judgment was not perverse and did not warrant interference. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - Appeal against acquittal - State appealed against acquittal of respondent for murder of deceased - Trial court found prosecution failed to prove guilt beyond reasonable doubt due to lack of credible eyewitness and weak circumstantial evidence - High Court held that appellate court should not interfere with acquittal unless judgment is perverse or based on no evidence - Held that prosecution failed to establish chain of circumstances consistent with guilt (Paras 1-20).
Issue of Consideration
Whether the judgment of acquittal passed by the Sessions Judge is perverse and liable to be set aside
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent.
Law Points
- Circumstantial evidence must be complete and consistent with guilt
- acquittal not to be reversed unless perverse
- benefit of doubt to accused
