The importance of re-evaluating evidence and the need for absolute assurance of guilt based on the evidence on record.

K.S. Jhaveri, J.

1. The present appeal, under section 378 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 19/07/2006 passed by the learned Sessions Judge, Jamnagar in Sessions Case No. 122 of 2003, whereby the accused has been acquitted of the charges levelled against him for the offence punishable under Sections 307, 332 and 504 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Section 135 of the Bombay Police Act, 1935.

2. The brief facts of the prosecution case are that on 25/06/2003, at about 6:30 a.m. near the main gate of G.G. Hospital, Jamangar, near Shivam Hotel, the accused came there with intention to take revenge and attacked on Umedbhai Thakariya with stick on his head which could have caused his death and thus, attempted to commit his murder and for the said alleged offence, a complaint came to be lodged against him for the offence punishable under section 307, 504 and 332 of the IPC and Section 135(1) of the Bombay Police Act.

2.1 Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Sessions Court, Jamnagar.

2.2 The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence.

2.3 In order to bring home the charge against the respondent - original accused, the prosecution has examined as many as 23 witnesses and also produced several documentary evidence.

2.4 At the end of the trial and after recording the Further Statement of the accused under Section 313 of Code and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge acquitted the accused of all the charges levelled against him by impugned judgment and order.

2.5 Being aggrieved and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant - State has preferred the present appeal.

3. Ms. C.M. Shah, learned Additional Public Prosecutor for the appellant - State, submitted that the trial Court committed an error in releasing the respondent - accused. She contended that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself, it is established that the prosecution has proved the whole ingredients of the offence against the present respondent. She also took this Court through the oral as well as the entire documentary evidence and submitted that though the prosecution has proved the case against the accused beyond reasonable doubt, the learned Sessions Judge has acquitted the respondent - accused.

3.1 The learned Additional Public Prosecutor for the appellant - State took us mainly to the evidence of PW-1 - Narvarlal Bhagvanji Joshi, exh. 20, the evidence PW-4 - Umedbhai Dhanrajbhai Thakariya, the victim, exh. 37 and the evidence of the Medical Officer - PW-2 - Dr. Suraj Jawaharlal Chhatwani, exh. 30, the evidence of PW-18 - Hitesh Ramniklal Bhatt, exh. 54, the evidence of PW-19 - Dharmendrasinh Lakhubha Jhala, the police witness, exh. 56, the evidence of PW-20 - Surendrasinh Pratapsinh Jadeja, the police witness, exh. 61, the evidence of PW-21 - Dr. Divyesh Amrutbhai Patel, exh. 65, the evidence of PW-23 - Jayendrasinh Joravarsinh Jadeja, the police witness, exh. 75 and contended that in view of the same, the trial Court has committed a serious error in not believing the evidence on record, more particularly, of the complainant and the victim who have clearly identified the accused. Moreover, she submitted that in view of the medical evidence, serious injuries were caused to the victim and he was to be hospitalized for more than six days and the injuries which are caused to the victim were of very serious in nature and