Case Note & Summary
The State of Maharashtra and the complainant Smt. Shobha Giri challenged the judgment of acquittal passed by the Additional Sessions Judge, Pusad in Sessions Trial No. 2/2002, acquitting the respondents/accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The prosecution case was that on 20-9-2001 at about 8.30 p.m., the complainant's husband returned from the field and a quarrel ensued between her father-in-law and brother-in-law regarding partition of property. The accused allegedly assaulted the deceased with sticks and axes, causing his death. The trial court acquitted the accused, finding the evidence unreliable. The High Court, in appeal, examined the evidence and found that the prosecution witnesses turned hostile or gave contradictory statements. The medical evidence did not support the prosecution version. The court held that the trial court's acquittal was not perverse and dismissed the appeal and revision, upholding the acquittal.
Headnote
A) Criminal Law - Murder - Acquittal - Section 302 read with Section 34 Indian Penal Code, 1860 - Appeal against acquittal - Prosecution case based on oral report of complainant - Witnesses turned hostile or gave contradictory statements - Medical evidence not supporting prosecution version - Held that the trial court's acquittal was not perverse and no interference warranted (Paras 1-10).
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and liable to be set aside.
Final Decision
Appeal and revision dismissed; acquittal upheld
Law Points
- Acquittal upheld
- lack of credible evidence
- unreliable witnesses
- benefit of doubt
- Section 302 IPC
- Section 34 IPC
