Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 10.11.2000 passed by the learned Additional Sessions Judge, Mehsana camp at Patan, in Sessions Case No.131 of 1999, whereby the Trial Court acquitted the respondent-accused, Nadoda Rathvi Dadubhai Kalubhai, of the charges under Sections 302, 498A and 201 of the Indian Penal Code. The case of the prosecution was that the deceased, Sakuben, married the accused about five years prior to the incident, which occurred on 31.12.1998. After the birth of a child, the victim was subjected to mental and physical cruelty by the accused and his family members. The accused allegedly did not like her and wanted a divorce, but the deceased was not ready. On the intervening night of 31.12.1998, the accused beat the victim with a wooden stick and set her ablaze after pouring kerosene. The father of the victim was informed and lodged a complaint with Sami Police Station. After investigation, chargesheet was filed. The Trial Court, after trial, acquitted the accused. The State appealed. The High Court examined the evidence, including the dying declaration, medical evidence, and witness testimony. The Court found that the dying declaration was not reliable as it was not recorded by a Magistrate and there were inconsistencies. The medical evidence did not support the prosecution case. The witnesses turned hostile or gave contradictory statements. The Court held that the prosecution failed to prove the guilt beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Appeal - Appeal against Acquittal - Section 378 CrPC - Standard of Review - The High Court in an appeal against acquittal will not interfere unless the findings of the Trial Court are perverse or based on no evidence. The presumption of innocence in favour of the accused is reinforced by acquittal. (Paras 1-17) B) Indian Penal Code - Section 302 - Murder - Circumstantial Evidence - The prosecution failed to prove the chain of circumstances leading to the guilt of the accused. The dying declaration was not reliable, and the medical evidence did not support the prosecution case. (Paras 2-16) C) Indian Penal Code - Section 498A - Cruelty - Lack of Evidence - The allegations of cruelty were vague and not supported by independent witnesses. The prosecution did not establish any demand for dowry or persistent harassment. (Paras 2-16) D) Indian Penal Code - Section 201 - Causing Disappearance of Evidence - No evidence was led to show that the accused attempted to destroy evidence. The acquittal under this section was also upheld. (Paras 2-16)
Issue of Consideration
Whether the Trial Court's acquittal of the respondent for offences under Sections 302, 498A and 201 IPC was perverse and liable to be set aside in appeal under Section 378 CrPC.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 10.11.2000 passed by the learned Additional Sessions Judge, Mehsana camp at Patan in Sessions Case No.131 of 1999 is confirmed. The respondent is acquitted of all charges.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- presumption of innocence
- standard of proof in criminal appeal
- no interference unless perverse
- benefit of doubt
