Case Note & Summary
The judgment pertains to two connected criminal appeals arising from a single incident. Criminal Appeal No.876 of 2013 was filed by the accused (Iqbal and Arif) challenging their conviction under Section 326 read with Section 34 IPC for causing grievous hurt. Criminal Appeal No.477 of 2014 was filed by the State seeking leave to appeal against the acquittal of the same accused for other offences under Sections 143, 147, 148, 307, 324, 504, 506 read with Section 149 IPC. The incident occurred on 20.12.2009 at about 8.30 p.m. when the complainant and his friends were standing near a mosque. The accused allegedly attacked them with deadly weapons, causing injuries. The trial court convicted the accused under Section 326 read with Section 34 IPC and sentenced them to three years rigorous imprisonment and fine. However, the trial court acquitted them of other charges. The High Court, after hearing both appeals, found that the evidence of the injured witnesses was inconsistent and the identification of the accused was doubtful. The court noted that the witnesses had not named the accused in the first information report and there were contradictions in their testimonies. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and accordingly allowed the appeal of the accused, setting aside their conviction. The State's appeal against acquittal was dismissed as the trial court's acquittal was based on proper appreciation of evidence.
Headnote
A) Criminal Law - Grievous Hurt - Section 326 read with Section 34 Indian Penal Code, 1860 - Conviction set aside - The appellants were convicted for causing grievous hurt with a dangerous weapon. The High Court found that the evidence of the injured witnesses was inconsistent and the identification of the accused was doubtful. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellants. (Paras 1-10) B) Criminal Procedure - Appeal against acquittal - Section 378(1) and (3) Code of Criminal Procedure, 1973 - Leave to appeal dismissed - The State's appeal against acquittal of the accused for offences under Sections 143, 147, 148, 307, 324, 504, 506 read with Section 149 IPC was dismissed as the trial court's acquittal was based on proper appreciation of evidence. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellants under Section 326 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Criminal Appeal No.876 of 2013 is allowed. The judgment of conviction and order of sentence dated 27.08.2013 passed by the Principal Sessions Judge, Mangaluru in Sessions Case No.66 of 2010 is set aside. The appellants are acquitted of the offence punishable under Section 326 read with Section 34 IPC. Criminal Appeal No.477 of 2014 is dismissed.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Section 326 IPC
- Section 34 IPC
- Section 374(2) CrPC
- Section 378(1) CrPC
