Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 14.3.1988 passed by the II Additional Sessions Judge, Thane, acquitting all five accused persons of charges under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code and Section 135 of the Bombay Police Act. The incident occurred on 5.10.1986 at about 9.00 p.m. at Kalyan on Bhiwandi Agra Road in front of Bombay Battery Shop. The victim Dilip Kapote was an active worker and Shakha Pramukh of Kalyan Taluka Shivsena. Accused No.1 Mohan was formerly a member of Shivsena but left about 4 years prior and started his own garage. There was rivalry between the two groups. During the Navratri festival, a dispute arose over the use of a public address system. The prosecution alleged that the accused formed an unlawful assembly and murdered Dilip Kapote. The trial court acquitted all accused. Pending the appeal, accused Nos.1, 2 and 4 died, so the appeal abated against them and remained only against accused Nos.3 and 5. The High Court examined the evidence and found that the prosecution relied on interested witnesses whose testimony was not corroborated by independent evidence. The court held that the trial court's findings were not perverse and the appeal against acquittal could not be entertained. The appeal was dismissed and the acquittal of accused Nos.3 and 5 was upheld.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Sections 147, 148, 302 read with 149 IPC - Acquittal - Appeal against acquittal - Prosecution case based on testimony of interested witnesses - No independent corroboration - Trial court's finding of fact not perverse - Held that appeal against acquittal cannot be entertained unless the judgment is perverse or based on no evidence (Paras 1-3).
Issue of Consideration
Whether the acquittal of the respondents by the trial court was perverse and liable to be set aside.
Final Decision
Appeal dismissed. Acquittal of respondent Nos.3 and 5 (Sabhandand Sitaram Patwardhan and Raju alias Dnyaneshwar Tukaram Gaikwad) upheld.
Law Points
- Acquittal upheld
- appeal dismissed
- prosecution failed to prove guilt beyond reasonable doubt
- testimony of interested witnesses unreliable
- no independent corroboration
- benefit of doubt to accused
