Case Note & Summary
The present appeal was preferred by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 31.01.2003 passed by the learned Additional Sessions Judge, Amreli, in Sessions Case No.118 of 2000. The trial court had acquitted all the accused persons, namely Bhurabhai Dharamshibhai Surela and others, from the charges under Sections 302, 324, 504, 147, 148 and 149 of the Indian Penal Code. The prosecution's case was that on 03.06.2000 at around 9 PM, there was a quarrel between the complainant's uncle Kalubhai Manjibhai, cousin Naranbhai Savjibhai, and the accused persons regarding collection of firewood. The complainant Popatbhai Gobarbhai Koli intervened, and the accused Babubhai Bhurabhai Koli allegedly inflicted axe blows on the complainant's forehead, on the right-hand elbow of Kalubhai, and on the head of Naranbhai. The accused Dakubhai Bhurabhai Koli also allegedly inflicted injuries. The trial court, after examining the evidence, found the prosecution's case not proved beyond reasonable doubt and acquitted the accused. The High Court, in appeal, examined the evidence and found that the sole eye-witness's testimony was inconsistent with the medical evidence, and there was no corroboration. The court held that the trial court's findings were plausible and not perverse, and therefore, no interference was warranted. The appeal was dismissed.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Interference with Acquittal - The High Court's power to interfere with an order of acquittal is limited; unless the findings are perverse or based on no evidence, the appellate court should not substitute its own view. Held that the trial court's appreciation of evidence was plausible and not perverse (Paras 1-26). B) Evidence Act - Appreciation of Evidence - Corroboration - Testimony of sole eye-witness must be reliable and corroborated by medical evidence. Held that the sole eye-witness's testimony was inconsistent with the medical evidence and therefore unreliable (Paras 10-20). C) Indian Penal Code, 1860 - Sections 302, 324, 504, 147, 148, 149 - Murder and Unlawful Assembly - The prosecution failed to prove the charges beyond reasonable doubt as the dying declaration was not recorded and the injuries did not match the alleged weapons. Held that the acquittal was justified (Paras 21-26).
Issue of Consideration
Whether the judgment and order of acquittal passed by the learned Additional Sessions Judge, Amreli in Sessions Case No.118 of 2000 is perverse and requires interference by this Court.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 31.01.2003 passed by the learned Additional Sessions Judge, Amreli in Sessions Case No.118 of 2000 is confirmed.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- presumption of innocence
- interference with acquittal
- appreciation of evidence
- corroboration of testimony
- medical evidence
- dying declaration
