Case Note & Summary
The State of Maharashtra appealed against the judgment and order of acquittal passed by the learned II Additional Sessions Judge, Kolhapur in Sessions Case No.71 of 1991 on 31.12.1996, acquitting the respondents Ramrao @ Baban Dadaso Ghorpade and Sarjerao Dadaso Ghorpade of charges of murder. The prosecution case was that on 24.10.1988 around noon, the accused persons assaulted the victim Shamrao Dalvi due to long-standing enmity over agricultural lands belonging to one Anandrao Ghatage, who was cultivating the land with the help of the victim. The prosecution examined 12 witnesses. The trial court, after careful scrutiny, concluded that the prosecution failed to prove the involvement of the accused in the homicidal death and acquitted them. The State, feeling aggrieved, filed the present appeal. The High Court, with the assistance of the learned Public Prosecutor and the advocate for the respondents, scrutinized and reappreciated the entire evidence. The court noted that P.W.1 Sanjay Dalvi, the complainant, narrated the history and manner of assault but mentioned that the assault was witnessed by Vijay. P.W.2 Balasaheb Dalvi turned hostile. P.W.4 Vijay Dalvi, brother of P.W.1, claimed to be an eye witness but admitted in cross-examination that he is short of hearing and yet claimed to have heard shouts. His cross-examination revealed several lacunae, making him difficult to believe without corroboration. P.W.5 Tanaji Patil, who was supposed to have heard an extra judicial confession, turned hostile and stated that he was threatened by the police to give a statement, raising doubt about the entire investigation. P.W.6 Anand Ghatage, the landowner, was not an eye witness but admitted strained relations between the parties. The High Court found that the trial court's view was plausible and not perverse. The court held that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt. Consequently, the appeal was dismissed and the acquittal was confirmed.
Headnote
A) Criminal Law - Appeal against Acquittal - Reappreciation of Evidence - The High Court, in an appeal against acquittal, can reappreciate evidence but should not interfere unless the trial court's view is perverse or unreasonable. The court scrutinized the entire evidence and found that the trial court's conclusion was plausible. (Paras 2-3) B) Evidence Act - Hostile Witness - Extra Judicial Confession - A witness who turns hostile and states that he was threatened by police to give a statement raises doubt about the investigation. Such testimony is of no use to the prosecution. (Para 4) C) Criminal Procedure Code, 1973 - Section 378 - Appeal against Acquittal - The State's appeal was dismissed as the prosecution failed to prove the involvement of the accused in the homicidal death of Shamrao Dalvi. The trial court's acquittal was upheld. (Paras 3-5)
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and warrants interference by the appellate court.
Final Decision
Appeal dismissed. The judgment and order of acquittal passed by the learned II Additional Sessions Judge, Kolhapur in Sessions Case No.71 of 1991 on 31.12.1996 is confirmed.
Law Points
- Appeal against acquittal
- reappreciation of evidence
- standard of proof in criminal cases
- hostile witness
- extra judicial confession
- credibility of witnesses
