Case Note & Summary
The State of Maharashtra appealed against a common judgment dated 26.7.1989 of the Vth Additional Sessions Judge, Thane, acquitting eight accused persons in Sessions Case Nos. 641/87, 142/88 and 328/88. The accused were charged under Sections 147, 148, 149, 302 and 323 IPC for the murder of Bharat Sadashiv Koli and causing hurt to Yeshwant Gagaram Koli on 19.9.1987 at about 11 pm at Shashtri Nagar, within Vartak Nagar Police Station, Thane. The prosecution alleged that on the eve of Ganesh immersion procession, there was a quarrel between the accused (who were drunk) and the deceased Bharat Koli, and a scuffle had occurred the previous evening between accused no.1 Raju and the deceased. The trial court, after considering the evidence, acquitted all accused. The High Court, in the appeal, examined whether the acquittal was perverse. The court noted that the prosecution relied on interested witnesses whose testimony was found unreliable. The High Court held that the trial court's findings were based on proper appreciation of evidence and were not perverse. Consequently, the appeals were dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Appeal against acquittal - Appreciation of evidence - Standard of proof - The High Court in an appeal against acquittal can interfere only if the trial court's findings are perverse or unreasonable, not merely because a different view is possible - Held that the prosecution failed to prove its case beyond reasonable doubt (Paras 1-2). B) Criminal Law - Murder - Unlawful assembly - Common intention - Sections 147, 148, 149, 302, 323 IPC - The alleged incident occurred on 19.9.1987 at 11 pm at Shashtri Nagar, Thane - The prosecution case relied on interested witnesses whose testimony was found unreliable - The trial court acquitted all eight accused - Held that the acquittal was based on proper appreciation of evidence and no interference was called for (Paras 1-2).
Issue of Consideration
Whether the trial court's acquittal of all accused persons for offences under Sections 147, 148, 149, 302 and 323 IPC was perverse or unreasonable, warranting interference by the High Court.
Final Decision
Both criminal appeals are dismissed. The acquittal of all respondents is upheld.
Law Points
- Appreciation of evidence in criminal appeal against acquittal
- standard of proof
- credibility of witnesses
- common intention
- unlawful assembly
