Case Note & Summary
The State of Dadra & Nagar Haveli appealed against the judgment and order of acquittal passed by the learned Sessions Judge, Dadra and Nagar Haveli, Silvassa, in Sessions Case No.3 of 1996 on 20.12.1996, acquitting the accused Sureshkumar Ramjidas Wadhva and another for the murder of Rajeshkumar. The prosecution case was that on 23.6.1995, the victim Rajeshkumar, along with his mother and sister Nilam, came to reside with the accused Sureshkumar and his wife Urmila at Piparia. On 27.6.1996, Urmila and Nilam went to Jaipur, and the accused went to Vapi station to help them embark. On that day, after morning breakfast, the victim left the house and never returned. A complaint was lodged, and a dead body with a burnt face was found. Police arrested the accused and prosecuted him for murder. The prosecution examined 14 witnesses, and the entire evidence was circumstantial. The trial court acquitted the accused. The State appealed, contending that the trial court erred in appreciating the evidence. The High Court, with the assistance of the learned Advocate for the appellant and the learned Public Prosecutor, scrutinized and reappreciated the entire evidence. The Court found that the trial court's appreciation of evidence was plausible and not perverse. The Court held that the prosecution failed to establish a complete chain of circumstances pointing to the guilt of the accused. Accordingly, the appeal was dismissed and the acquittal was confirmed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Acquittal Appeal - The State appealed against acquittal of accused for murder of his brother-in-law. The case rested entirely on circumstantial evidence. The High Court held that the trial court's appreciation of evidence was plausible and not perverse, and the prosecution failed to complete the chain of circumstances. Appeal dismissed. (Paras 1-5)
Issue of Consideration
Whether the trial court's acquittal of the accused for murder based on circumstantial evidence was perverse and liable to be set aside in appeal.
Final Decision
Appeal dismissed. Acquittal of accused confirmed.
Law Points
- Circumstantial evidence
- acquittal appeal
- perversity
- interference with acquittal
