The appellate court must respect the trial court's credibility assessments unless found to be perverse, while overturning acquittals requires strong evidence and cannot merely rely on the possibility of alternative interpretations.

JUDGMENT :

Ramesh Sinha, C.J .

1. Appellant Anil Khandelwal has filed Acquittal Appeal No.84/2016 under Section 372 of the CrPC against the impugned judgment of acquittal dated 16.05.2016 passed by the Third Additional Sessions Judge, Bilaspur in Sessions Case No.63/2014, whereby the trial Court has acquitted respondents No.2 and 3 from the offence punishable under Sections 455, 394, 307, 302 and 201 of the IPC.

2. Appellant-State has filed Acquittal Appeal No.31/2017 under Section 378(1) of the CrPC against the impugned judgment of acquittal dated 16.05.2016 passed by the Third Additional Sessions Judge, Bilaspur in Sessions Case No.63/2014, whereby the trial Court has acquitted the respondents from the offence punishable under Sections 455, 394, 307, 302 and 201 of the IPC.

3. Since the aforesaid two acquittal appeals have been filed against the same judgment, they were clubbed and heard together and being disposed of by this common judgment.

4. The case of the prosecution in brief is that complainant Anil Khandelwal, son of late Dashrath Lal Khandelwal, resident of near 36 Mall, Uslapur, who is engaged in the hotel business, had his aged parents Smt. Vimla Devi Khandelwal and Dashrath Lal Khandelwal residing in a separate house adjacent to that of the complainant. On 22/11/2013, at around 1:30 A.M., the complainant returned home from his hotel, had his meal, and went to sleep. Around the same time, two unknown accused persons arrived at the said house, entered through the gate, and rang the doorbell. Believing it to be the maid, victim Vimla Devi Khandelwal opened the door, whereupon both accused forcibly entered the house. They brandished a knife, demanded money from the couple, and threatened to kill them. When the deceased Dashrath Lal Khandelwal resisted, the accused, with the intent to commit murder, attacked the couple with a knife, inflicting grievous injuries upon them. When the injured Vimla Devi attempted to intervene, she too was stabbed in the abdomen and was subsequently confined inside a room by the assailants. The accused then fled the scene after robbing the deceased’s wristwatch and mobile phone. Dashrath Lal Khandelwal was taken to Shri Ram Care Hospital, where upon examination, the doctor declared him dead. Vimla Devi was also taken to the hospital, where she was found to have sustained a serious stab injury on her waist. On the basis of the said incident, Merg Intimation No. 76/2013 was registered vide Ex.P-7. Subsequently, upon the complainant lodging a First Information Report (FIR) at Police Station Civil Line against two unknown persons, Crime No. 726/2013 was registered under Sections 458, 394, 307, 302, and 34 of the Indian Penal Code (IPC) against two unidentified accused vide Ex.P-8. MLC of injured Vimla Devi was conducted by the doctor vide Ex.P-2 and found left lumber region stab wound approx 6 cm x 4 cm x 10 cm deep wound extending upto the peritoneum profuse bleeding noted. Spot map was prepared by the Patwari vide Ex.P-4. Spot inspection panchnama was preapred vide Ex.P-5. Dead body of the deceased was sent for postmortem to the CIMS, Bilaspur where Dr.Sawan (PW-4) conducted postmortem over the body of the deceased vide Ex.P-17 and found following injuries:-

Scratch abrasion:- (1) 12 x .5 cm left side front of thigh obliquely placed.

Contusion:- (1) 3 x 2 cm dorsum of hand laterally left side.

(2) 2.5 x 2 cm Dorsum of right hand below wrist joint.

Incised wound:- (1) 2 x 1 cm in between index