Case Note & Summary
The State of Maharashtra filed an appeal against the acquittal of three accused persons (Kishabapu, Jalindar, and Mohan) by the Sessions Court for offences under Sections 302, 307, 324, 504, 506 read with 34 IPC. The case arose from an incident on 12th June 1998 where the deceased, Madhukar Lawangare, was allegedly assaulted by the accused with sticks and stones, leading to his death. The prosecution relied on the dying declaration of the deceased and eyewitness testimony of his wife and others. However, the trial court acquitted the accused, finding the dying declaration unreliable due to contradictions with medical evidence and lack of corroboration, and the eyewitnesses inconsistent. The High Court, in appeal, examined the evidence and found that the trial court's view was plausible and not perverse. The court noted that the investigation was improper, with no independent witnesses and material contradictions. The High Court dismissed the appeal, upholding the acquittal. Additionally, a criminal revision application filed by the original complainant (Madhukar Lawangare's father) was also dismissed as the appeal was dismissed.
Headnote
A) Criminal Law - Murder - Acquittal - Appeal against acquittal - Sections 302, 307, 324, 504, 506 read with 34 IPC - The State appealed against acquittal of three accused for murder and other offences - Trial court found prosecution evidence unreliable, including dying declaration and eyewitness accounts - High Court held that the trial court's view was plausible and not perverse, as there were contradictions, lack of corroboration, and improper investigation - Appeal dismissed, acquittal upheld (Paras 1-20).
Issue of Consideration
Whether the acquittal of the accused by the trial court was perverse and liable to be set aside in appeal.
Final Decision
The High Court dismissed the appeal, upholding the acquittal of all three accused. The criminal revision application was also dismissed.
Law Points
- Benefit of doubt
- acquittal upheld
- lack of credible evidence
- improper investigation
- no corroboration of dying declaration
- no independent witnesses
- contradictions in prosecution case
