Case Note & Summary
The applicant, Santosh Tammewar, the original complainant, filed an application seeking leave to appeal against the judgment and order dated 8th July 2016 passed by the Additional Sessions Judge, Biloli in Sessions Case No.2/2015, whereby the original accused no.3 Umesh Phulari was acquitted of the charge under Section 302 of the Indian Penal Code, 1860. The case arose from an incident where the complainant's brother was murdered. The prosecution alleged that the accused, along with others, caused the death. The trial court, after evaluating the evidence, found the prosecution case lacking in credibility and acquitted the accused. The complainant sought leave to appeal, arguing that the trial court had erred in its appreciation of evidence. The High Court, after hearing the parties, examined the evidence and found that the trial court's findings were based on a plausible appreciation of the evidence. The court noted that there were inconsistencies in the prosecution case, particularly regarding the time of death and the recovery of weapons. The court held that the trial court's view was a possible view and not perverse. Consequently, the court dismissed the application for leave to appeal, upholding the acquittal.
Headnote
A) Criminal Procedure Code, 1973 - Section 378 - Leave to Appeal against Acquittal - Scope of Interference - The High Court will not interfere with an order of acquittal unless the findings are perverse or based on no evidence - The appellate court should be slow in reversing a well-reasoned acquittal - Held that the trial court's appreciation of evidence was plausible and not perverse (Paras 1-10). B) Indian Penal Code, 1860 - Section 302 - Murder - Circumstantial Evidence - In a case based on circumstantial evidence, the chain of circumstances must be complete and must point only to the guilt of the accused - Inconsistencies in the prosecution case regarding the time of death and recovery of weapons create reasonable doubt - Held that the acquittal was justified (Paras 5-8).
Issue of Consideration
Whether the judgment of acquittal passed by the Additional Sessions Judge, Biloli in Sessions Case No.2/2015 acquitting the original accused no.3 Umesh Phulari deserves to be interfered with by granting leave to appeal.
Final Decision
The application for leave to appeal is dismissed. The judgment of acquittal passed by the Additional Sessions Judge, Biloli in Sessions Case No.2/2015 is upheld.
Law Points
- Appeal against acquittal
- scope of interference
- presumption of innocence
- credibility of witnesses
- circumstantial evidence
