Case Note & Summary
The State of Gujarat filed an appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973, against the judgment of the Additional Sessions Judge, Fast Track Court, Panchmahals at Godhra in Sessions Case No. 313 of 2002 dated 15.05.2003, which acquitted the accused for offences under Sections 302, 323, 504 of the Indian Penal Code and Section 135 of the Bombay Police Act. The trial court had convicted accused no.1 (Ramanbhai Motibhai Baria) under Section 304 Part-II IPC for one year simple imprisonment, which he had already undergone. The appeal against accused no.2 stood abated due to his death as per order dated 13.06.2024. The prosecution case was that on 09.07.2002 at about 20:00 hours, accused no.2 came to the courtyard of the deceased and asked him to come out while he was having his meal. Accused no.1 threatened to enter the house if the deceased did not come out. The deceased came out and an altercation ensued, leading to the death. The High Court, after hearing the learned APP Ms. Krina Calla, found that the trial court's acquittal was not perverse or unreasonable. The court noted that the conviction under Section 304 Part-II IPC had already been undergone by accused no.1, and the appeal against accused no.2 had abated. Consequently, the High Court dismissed the appeal, upholding the acquittal for the major offences and confirming the conviction under Section 304 Part-II IPC.
Headnote
A) Criminal Procedure Code - Appeal against Acquittal - Section 378(1)(3) 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 unreasonable. The court must give due weight to the presumption of innocence in favor of the accused. (Paras 1-2) B) Indian Penal Code - Culpable Homicide not amounting to Murder - Section 304 Part-II IPC - Conviction - The trial court convicted accused no.1 under Section 304 Part-II IPC for one year simple imprisonment, which was already undergone. The High Court upheld this conviction as the evidence did not establish murder under Section 302 IPC. (Paras 4, 6) C) Criminal Procedure Code - Abatement of Appeal - Death of Accused - The appeal against respondent no.2 (accused no.2) stood abated as per order dated 13.06.2024, and no further orders were required. (Para 3) D) Indian Penal Code - Murder - Section 302 IPC - Acquittal - The trial court acquitted accused no.1 for murder under Section 302 IPC due to lack of evidence. The High Court found no reason to interfere with the acquittal as the prosecution failed to prove the case beyond reasonable doubt. (Paras 2, 5-6)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 302, 323, 504 IPC and Section 135 of the Bombay Police Act was justified, and whether the appeal against accused no.2 stands abated.
Final Decision
The High Court dismissed the appeal, upholding the acquittal of accused no.1 for offences under Sections 302, 323, 504 IPC and Section 135 of the Bombay Police Act, and confirming the conviction under Section 304 Part-II IPC. The appeal against accused no.2 was abated.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- standard of review in acquittal appeals
- abatement of appeal on death of accused
- conviction under Section 304 Part-II IPC for culpable homicide not amounting to murder
- lack of evidence for Section 302 IPC
- appreciation of evidence in criminal appeals
