Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 27th July 2000 passed by the Additional Sessions Judge, Latur in Sessions Case No.151 of 1997, whereby the original accused No.2/respondent Sankosh s/o Tukaram Bhalerao was acquitted of the offence punishable under Section 324 of the Indian Penal Code (IPC). The prosecution case was that on 15th April 1997 at about 5:00 p.m., the complainant and his brother were returning from the field when the respondent and another accused (since deceased) allegedly assaulted them. The respondent was specifically alleged to have given a knife blow on the head of the complainant's brother. The trial court acquitted the respondent, leading to the present appeal. The High Court examined the evidence, noting that the medical evidence showed an incised wound but the doctor could not confirm whether it was caused by a knife. The recovery of the knife was doubtful as the panch witness turned hostile. The identification of the respondent by the witnesses was inconsistent. The High Court held that the trial court's findings were not perverse or unreasonable and that the acquittal was based on proper appreciation of evidence. Consequently, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Acquittal - Section 324 Indian Penal Code, 1860 - Appeal against acquittal - State challenged acquittal of accused for voluntarily causing hurt by dangerous weapon - Trial court found prosecution evidence inconsistent and identification doubtful - High Court held that no interference is warranted unless findings are perverse or unreasonable - Held that acquittal was based on proper appreciation of evidence (Paras 1-10). B) Evidence - Identification - Medical Evidence - Section 324 Indian Penal Code, 1860 - Prosecution case that accused assaulted victim with knife - Medical evidence showed incised wound but doctor could not confirm if caused by knife - Recovery of knife was doubtful as panch witness turned hostile - Held that identification of accused and weapon was not established beyond reasonable doubt (Paras 5-9).
Issue of Consideration
Whether the acquittal of the respondent for offence under Section 324 of IPC was proper based on the evidence on record.
Final Decision
Appeal dismissed; acquittal of respondent upheld.
Law Points
- Acquittal upheld
- Inconsistent evidence
- Doubtful identification
- Medical evidence not corroborating ocular testimony
- Unreliable recovery of weapon
- Benefit of doubt
