An acquittal in criminal law reinforces the presumption of innocence, requiring strong evidence for reversal, which was lacking in this case.

Judgment :

(Sanjay S. Agrawal, J.)

1. This appeal has been preferred by the deceased’s brother under Section 372 of Code of Criminal Procedure 1973, questioning the legality and propriety of the Judgment dated 09.02.2015 passed by the learned Sessions Judge, Surajpur, District- Surajpur (CG) in Sessions Trial No.115/2013, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 302/34 and 201 of IPC.

2. Briefly stated, the case of the prosecution is that on 18.06.2010, a merg intimation (Ex.P/8) was lodged by one Md. Husain, before the Police Station Surajpur, stating therein, that he received the information from Saiyad Husain, the brother-in-law of the deceased- Hamida Bano around 6:30 AM, that his sister-in-law (Bhabhi) has fell down into the Well and died and, the brother of the deceased, namely, Abibul Rahman (PW-1) (wrongly been mentioned in the judgment as Habibul Rahman), also lodged the report before the Police Station, Surajpur on 18.06.2010 (though the copy of the same is not available in the case diary, but the receipt of it is there on record) wherein, an allegation was levelled against the respondents, who are husband, brother-in-law, second wife, and the mother of the second wife, respectively, that they have murdered his sister- Hamida Bano and, after the inquiry of the alleged merg intimation as well as the report lodged by the brother of the deceased, an FIR (Ex.P/7) was registered against the respondents in connection with Crime No.246/2010, for the offence punishable under Sections 302, 201 read with Section 34 of IPC. Inquest of the dead body was conducted vide (Ex.P/2) and, was sent for autopsy, which was conducted by Dr. Shashi Tirkey (PW/3), who in his report (Ex.P/5), opined the cause of death is asphyxia occurred due to throttling and accordingly, it was opined to be homicidal in nature.

3. After completing the usual investigation, the concerned Investigating Officer has submitted his charge-sheet before the Additional Chief Judicial Magistrate, Surajpur, for the offence as mentioned herein-above and the matter was thereafter, committed to the learned Sessions Judge, Surajpur, where the charges have been framed against the respondents with regard to the offence punishable under Sections 302/34 and 201 of IPC, who have denied and claimed to be tried.

4. In order to bring home the guilt of the respondents, the prosecution has examined as many as 9 witnesses and has exhibited 15 documents, while 3 witnesses were examined by the respondents in their defence in order to establish their plea of alibi.

5. The Trial Court, after considering the evidence led by the prosecution, arrived at a conclusion that none of the prosecution witnesses have established the fact that the respondents were with the deceased on the fateful day, and accordingly, they have been acquitted with regard to the alleged offences mentioned herein-above and being aggrieved, the instant appeal has been preferred by the brother of the deceased.

6. Learned counsel appearing for the Appellant submits that the finding of the Trial Court holding that the respondents are not involved in connection with the alleged crime, is apparently contrary to law, inasmuch as, the evidence led by the prosecution has not been scanned in its proper manner and thereby, erred in acquitting them, as such.

7. Learned Counsel appearing for State/Respondent No.5 has supported the aforesaid contention of the counsel for the Appellant, while none is present on behalf of the Accused/Respondents No.1 to 4.

8. We have heard learned counsel appearing for the parties and perused the entire record carefully.

9. Before considering the propriety of the judgment passed by the trial Court, acquitting the respondents from the alleged offence punishable under Section 302/34 of IPC, it would be appropriate to see the approach, which is required to be adopted, while dealing with an acquittal appeal, in the light of the principles laid down by the Su