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 of acquittal dated 24.01.2003 passed by the Additional Sessions Judge, Jamnagar in Sessions Case No. 27 of 1994. The respondents-accused were acquitted of offences under Section 302 read with Section 34 of the Indian Penal Code and Section 135(1) of the Bombay Police Act. The case arose from an incident on 10.10.1993 at about 6:45 p.m. at Choravala Chowk in village Miyatra, where the complainant alleged that his nephew Takhubha was assaulted by the accused persons. It was alleged that accused No.1 Ravji Gordhan Patel inflicted two blows on the deceased's head with an iron pipe, accused No.2 Girdhar Khima Patel inflicted a dhariya blow on the back, and accused No.3 Khima Daya Patel sat on the deceased's chest and gave fist and kick blows. The deceased succumbed to injuries. The trial court acquitted all accused. During the pendency of the appeal, respondent No.1 and respondent No.3 expired, and the appeal abated against them. The only surviving respondent was accused No.2. The learned APP argued that the trial court failed to appreciate the evidence of the complainant and other witnesses. However, the High Court, after perusing the record, found that the trial court had given cogent reasons for disbelieving the prosecution witnesses, noting contradictions and improvements in their testimonies. The High Court held that the view taken by the trial court was a plausible one and that there was no perversity warranting interference. Consequently, the appeal was dismissed and the acquittal of the surviving respondent was confirmed.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Scope of Interference - 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 appellate court must give due weight to the opinion of the trial court which had the advantage of seeing the witnesses depose. (Paras 5-6) B) Evidence Law - Appreciation of Evidence - Credibility of Witnesses - The testimony of the complainant and other witnesses was found to be unreliable due to contradictions, improvements, and lack of corroboration. The trial court's assessment that the prosecution failed to prove the case beyond reasonable doubt was upheld. (Paras 5-6) C) Criminal Law - Murder - Section 302 IPC - Benefit of Doubt - Where the prosecution evidence is shaky and does not inspire confidence, the accused is entitled to acquittal. The High Court found no reason to reverse the well-reasoned judgment of acquittal. (Paras 5-6)
Issue of Consideration
Whether the judgment of acquittal passed by the Sessions Court is perverse and liable to be set aside in appeal under Section 378 of CrPC.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 24.01.2003 passed by the Additional Sessions Judge, Jamnagar in Sessions Case No. 27 of 1994 is confirmed. The appeal stands abated qua respondent Nos.1 and 3.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- Scope of interference in acquittal appeals
- Appreciation of evidence
- Credibility of witnesses
- Benefit of doubt
