Case Note & Summary
The State of Gujarat filed an acquittal appeal under Section 378 of the Criminal Procedure Code, 1973, challenging the judgment and order dated 07.02.2003 passed by the Special Judge (Atrocity), Mehsana in Special Atrocity Case No.220 of 1998. The trial court had acquitted the respondents (original accused) for offences punishable under Sections 302, 120(B) and 114 of the Indian Penal Code and Section 3(2)(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. During the pendency of the appeal, respondent No.2 expired and the appeal abated qua him. The prosecution case was that on 25.08.1998, the deceased Virabhai informed his mother that there was a meeting at the farm of Chaudhary Nathubhai (respondent No.1) and left home at about 8:00 PM. On 26.08.1998, the complainant Lalabhai Becharbhai Chamar lodged a complaint stating that his nephew Virabhai was missing and later his dead body was found. The prosecution alleged that the accused persons, including respondent No.1 and others, conspired and murdered Virabhai due to caste animosity. The trial court, after evaluating the evidence, found the prosecution case not proved beyond reasonable doubt and acquitted all accused. The High Court, in the appeal, examined the scope of interference in acquittal appeals and held that the trial court's findings were not perverse. The evidence of last seen and motive was weak, and the prosecution failed to establish the chain of circumstances. The court also noted that the appeal against respondent No.2 had abated. Consequently, the High Court dismissed the appeal and upheld the acquittal.
Headnote
A) Criminal Procedure Code - Acquittal Appeal - Section 378 CrPC - Scope of Interference - 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 presumption of innocence in favour of the accused is strengthened by acquittal. (Paras 1-3) B) Indian Penal Code - Murder - Circumstantial Evidence - Sections 302, 120(B), 114 IPC - The prosecution must prove each link in the chain of circumstances conclusively pointing to the guilt of the accused. In the present case, the evidence of last seen and motive was weak and the trial court's acquittal was not perverse. (Paras 2-5) C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offence under Section 3(2)(4) - Applicability - The prosecution failed to establish that the deceased was a member of Scheduled Caste and that the offence was committed on account of his caste. Hence, the acquittal under this section was upheld. (Paras 2-5)
Issue of Consideration
Whether the judgment of acquittal passed by the Special Judge (Atrocity), Mehsana in Special Atrocity Case No.220 of 1998 is perverse and requires interference by the High Court.
Final Decision
The High Court dismissed the appeal and upheld the judgment of acquittal passed by the Special Judge (Atrocity), Mehsana in Special Atrocity Case No.220 of 1998. The appeal qua respondent No.2 was abated due to his death.
Law Points
- Acquittal appeal
- Section 378 CrPC
- presumption of innocence
- circumstantial evidence
- benefit of doubt
- abatement of appeal on death of accused
