Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 31.08.1999 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 40/1998. The respondents (original accused) were acquitted of offences punishable under Sections 302, 326, 323, 324, 114 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act. During the pendency of the appeal, respondent nos. 3 and 4 expired, and the appeal against them abated. The case of the prosecution was that on 01.11.1997 at around 17:30 hours, the complainant Galjibhai Kalabhai and other witnesses were going towards their house at Kudolpal village. The accused persons allegedly assaulted them with weapons like bow and arrow and sickle. The accused no. 1 assaulted Navjibhai Kalabhai on the left eye, and accused no. 2 gave a blow on the head of Daljibhai Nanjibhai. The Trial Court acquitted the accused on the ground that the prosecution witnesses turned hostile and did not support the case. The High Court examined the evidence and found that the Trial Court's appreciation of evidence was not perverse. The witnesses were declared hostile, and their testimony did not inspire confidence. The prosecution also failed to establish any motive. The High Court held that in an appeal against acquittal, the appellate court should not lightly interfere with the findings of the Trial Court unless they are perverse. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Appeal - Acquittal Appeal - Section 378 CrPC - Perversity - The High Court in an appeal against acquittal can interfere only if the findings of the Trial Court are perverse or based on no evidence. The appellate court must give due weight to the presumption of innocence in favor of the accused. (Paras 1-40) B) Evidence - Credibility of Witnesses - Hostile Witness - The prosecution witnesses turned hostile and did not support the case. The evidence of the complainant and other witnesses was found to be unreliable and contradictory. The Trial Court's appreciation of evidence was not perverse. (Paras 10-30) C) Motive - Absence of Motive - The prosecution failed to establish any motive for the alleged offence. The absence of motive, though not fatal, is a relevant factor in assessing the credibility of the prosecution case. (Paras 15-20) D) Common Intention - Section 114 IPC - The charge under Section 114 IPC requires proof of common intention. In the absence of reliable evidence, the Trial Court rightly acquitted the accused. (Paras 25-35)
Issue of Consideration
Whether the judgment of acquittal passed by the learned Trial Court is perverse and requires interference by the High Court under Section 378 of the Code of Criminal Procedure, 1973.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 40/1998 is confirmed.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- presumption of innocence
- credibility of witnesses
- motive
- common intention
- Section 114 IPC
- Gujarat Police Act Section 135
