Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 6th March 1996 passed by the Additional Sessions Judge, Ratnagiri, in Sessions Case No.5 of 1995, acquitting the four respondents-accused of offences under Sections 147, 148, 307, 324 and 452 read with Section 149 of the Indian Penal Code. The case arose from an alleged incident where the accused persons formed an unlawful assembly and attempted to murder the complainant, causing injuries. The trial court, after evaluating the evidence, found the prosecution witnesses unreliable and contradictory, and acquitted all accused. The State challenged the acquittal on the ground that the trial court's findings were perverse and against the weight of evidence. The High Court, after perusing the evidence and the reasoning of the trial court, noted that the appeal was heard in the absence of the respondents' advocate despite multiple opportunities. The court observed that the trial court's appreciation of evidence was plausible and not perverse. The prosecution witnesses had given inconsistent versions regarding the incident and the injuries sustained. The High Court held that the trial court's findings were based on a proper appreciation of evidence and did not warrant interference in an appeal against acquittal. Consequently, the appeal was dismissed, and the acquittal of the respondents-accused was upheld.
Headnote
A) Criminal Law - Appeal against acquittal - Scope of interference - High Court's power to reverse acquittal is limited; interference warranted only if findings are perverse or unreasonable - Held that the trial court's appreciation of evidence was plausible and not perverse, hence no interference (Paras 1-3). B) Evidence Act - Appreciation of evidence - Unreliable and contradictory testimony - Prosecution witnesses gave inconsistent versions regarding the incident and injuries - Held that such testimony cannot form the basis of conviction (Paras 2-3). C) Indian Penal Code, 1860 - Sections 147, 148, 307, 324, 452 read with 149 - Unlawful assembly and attempt to murder - Prosecution failed to prove the common object and participation of accused beyond reasonable doubt - Held that acquittal was justified (Paras 1-3).
Issue of Consideration
Whether the trial court's order of acquittal of the respondents-accused for offences under Sections 147, 148, 307, 324 and 452 read with Section 149 of IPC was perverse and liable to be set aside in appeal.
Final Decision
Appeal dismissed. The order of acquittal passed by the Additional Sessions Judge, Ratnagiri, dated 6th March 1996 in Sessions Case No.5 of 1995 is confirmed.
Law Points
- Appeal against acquittal
- Scope of interference
- Appreciation of evidence
- Unreliable testimony
- Benefit of doubt
