Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order dated 10.5.1989 passed by the Additional Sessions Judge, Malegaon, District Nashik in Sessions Trial No.16 of 1989, acquitting the respondents Kedu Dubla Bhamre and Kadu Dodha Bhamre for the offence punishable under Section 302 read with 34 of the Indian Penal Code. The prosecution case was that in the intervening night between 25.11.1988 and 26.11.1988, the accused committed murder of Mahadu Dubla Bhamre by means of stick and axe. The deceased, accused no.1, and the solitary eye-witness Kautik (PW4) were real brothers residing separately. The deceased had harvested minor crops and kept them in his field. Hirubai (PW1), wife of the deceased, apprehending damage to the crop by cattle, requested her husband to take a round of their field. At 2 am on 26.11.1988, the deceased went to his field and found cattle of the accused grazing the harvested crop, leading to a quarrel in which accused no.1 armed with a stick and accused no.2 with an axe assaulted the deceased. The trial court acquitted the accused, and the State appealed. The High Court examined the evidence, particularly the testimony of the eye-witness Kautik (PW4), and found that his evidence was not reliable due to contradictions and improvements. The court noted that the trial court's view was a plausible one and not perverse, and therefore, no interference was called for in the appeal against acquittal. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence - Section 302 read with 34 IPC - Acquittal Appeal - The State appealed against acquittal of accused for murder of deceased by stick and axe - The solitary eye-witness was the brother of deceased and accused, but his testimony was found unreliable due to contradictions and improvements - The High Court held that the trial court's view was plausible and not perverse, and interference with acquittal is not warranted unless the findings are unreasonable or perverse (Paras 1-10).
Issue of Consideration
Whether the acquittal of the respondents for the offence punishable under Section 302 read with 34 of IPC is sustainable in law.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondents.
Law Points
- Appreciation of evidence
- Eye-witness testimony
- Corroboration
- Benefit of doubt
- Acquittal appeal
