Case Note & Summary
The State of Maharashtra appealed against the judgment and order of the Judicial Magistrate, F.C., Chiplun, dated 18.3.1991, in Regular Criminal Appeal No.90 of 1987, whereby the accused were acquitted of offences punishable under Sections 324, 323, and 504 read with Section 34 of the Indian Penal Code. The prosecution case was that on 31.5.1987, the accused entered the house of P.W.1-Kishori Kisan Bhosale while she was sleeping with her daughter P.W.2-Sulbha, assaulted Kishori with a knife on her thigh, and also gave a blow with an iron bar on the head of P.W.4-Dilip Bhosale. A complaint was lodged, and after investigation, a charge-sheet was filed. The accused pleaded not guilty. The prosecution examined seven witnesses, out of which three (P.W.3-Pratibha, P.W.6-Ganpat, and P.W.5-Kisan) turned hostile and did not support the prosecution case. The trial court, after appreciating the evidence, acquitted all the accused. The State appealed, contending that the acquittal was erroneous. The High Court perused the evidence of P.W.1-Kishori and P.W.7-Dr. Ramchandra Shende and found a discrepancy between the ocular and medical evidence. The court noted that the trial court had correctly appreciated the evidence and that the acquittal was not perverse. The High Court dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Assault - Discrepancy between ocular and medical evidence - The prosecution case suffered from material inconsistency between the testimony of the injured witness (P.W.1) and the medical evidence of the doctor (P.W.7), which rendered the prosecution version unreliable - Held that the trial court's acquittal was not perverse (Paras 1-3). B) Criminal Law - Hostile Witnesses - Effect of witnesses turning hostile - Three out of seven prosecution witnesses turned hostile and did not support the prosecution case, weakening the evidentiary basis for conviction - Held that the trial court correctly appreciated the evidence (Paras 2-3).
Issue of Consideration
Whether the trial court's acquittal of the accused for offences under Sections 324, 323, 504 read with Section 34 IPC was perverse or against the weight of evidence.
Final Decision
Appeal dismissed; acquittal of respondents upheld
Law Points
- Acquittal upheld due to discrepancies between ocular and medical evidence
- hostile witnesses
- and lack of corroboration
