Case Note & Summary
The appellant, Abdul Rauf Abdul Razzak, filed an appeal against the judgment and order of acquittal dated 17-11-2008 passed by the learned Ad-hoc Additional Sessions Judge, Kandhar, District Nanded in Sessions Case No. 12 of 2008, whereby the respondents (original accused) were acquitted of offences under Sections 302, 307, 452, 504, 506, 143, 147, 148, 149 of the Indian Penal Code (IPC). The case arose from an incident on 18-10-2007 at about 7:00 p.m. when the accused allegedly assaulted the deceased Abdul Razzak Abdul Khader and injured Abdul Majeed Abdul Razzak with knives and sticks, resulting in the death of Abdul Razzak. The appellant, being the son of the deceased and brother of the injured, lodged the FIR. The trial court, after examining 12 prosecution witnesses, found the evidence unreliable and acquitted the accused. The appellant initially filed a Criminal Revision Petition No. 08 of 2008, which was converted into an appeal under Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The High Court heard the appeal and examined the evidence. The court noted that the prosecution witnesses were interested and inimical towards the accused, and their testimony was inconsistent with the medical evidence. The post-mortem report indicated a single stab injury, whereas witnesses claimed multiple injuries. The court also found that the incident occurred on the spur of the moment without premeditation, and the accused did not share a common object to commit murder. The High Court held that the trial court's acquittal was not perverse and did not warrant interference. The appeal was dismissed, and the acquittal of the accused was upheld.
Headnote
A) Criminal Procedure Code - Appeal against acquittal - Scope of appellate court - The appellate court should not interfere with an order of acquittal unless it is perverse or based on no evidence. The presumption of innocence is strengthened by acquittal. (Paras 1-2) B) Indian Penal Code, 1860 - Sections 302, 307, 452, 504, 506, 143, 147, 148, 149 - Murder and allied offences - Credibility of witnesses - The prosecution relied on interested and inimical witnesses whose testimony was inconsistent with medical evidence and lacked corroboration. The trial court's finding that the prosecution failed to prove guilt beyond reasonable doubt was upheld. (Paras 3-10) C) Indian Penal Code, 1860 - Section 149 - Unlawful assembly - Common object - The prosecution failed to establish that the accused shared a common object to commit murder. The incident occurred on the spur of the moment without premeditation. (Paras 11-15) D) Indian Penal Code, 1860 - Section 302 - Murder - Medical evidence - The post-mortem report indicated that the deceased died due to shock and hemorrhage caused by a single stab injury. The ocular evidence of witnesses claiming multiple injuries was not supported by medical evidence. (Paras 16-20)
Issue of Consideration
Whether the trial court's judgment of acquittal of the accused for offences under Sections 302, 307, 452, 504, 506, 143, 147, 148, 149 of IPC was perverse and liable to be set aside in appeal.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Ad-hoc Additional Sessions Judge, Kandhar, District Nanded in Sessions Case No. 12 of 2008 dated 17-11-2008 is confirmed.
Law Points
- Appeal against acquittal
- Scope of appellate court in acquittal appeals
- Presumption of innocence
- Benefit of doubt
- Credibility of witnesses
- Interested witnesses
- Inimical witnesses
- Medical evidence
- Ocular evidence
- Motive
- Common intention
- Section 149 IPC
- Section 302 IPC
- Section 307 IPC
- Section 452 IPC
- Section 504 IPC
- Section 506 IPC
- Section 143 IPC
- Section 147 IPC
- Section 148 IPC
