State of Gujarat vs Thakor Mahobatji Jasuji

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2015 Supreme(Guj) 768

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.S. Jhaveri and G.B. Shah, JJ.
The State of Gujarat - Appellant
Vs.
Thakor Mahobatji Jasuji and Ors. - Respondents
Criminal Appeal No. 1322 of 2006
Decided On : 04.11.2015

Important Points

The appellate Court should exercise caution in interfering with the findings of acquittal by the trial Court, especially when the reasons given by the trial Court are found to be just and proper.

Subject

Criminal Law - Acquittal

Act Referred

BOMBAY POLICE ACT : S.135
CRIMINAL PROCEDURE CODE : S.378(1)(3), S.313
INDIAN PENAL CODE : S.302, S.201, S.34

Headnote

Code of Criminal Procedure - Acquittal - Sections 302, 201, 34 - Bombay Police Act, Section 135

Fact of the Case:

The case involved the acquittal of the accused who were charged with offenses under Sections 302, 201, 34 of the Indian Penal Code, 1860 and Section 135 of the Bombay Police Act. The prosecution alleged that the accused caused the death of a person and disposed of the body.

Finding of the Court:

The trial Court acquitted the accused of all charges. The High Court, after re-evaluating the evidence, found that the trial Court's findings were just and proper, and no illegality or infirmity was committed.

Issues: The main issue was whether the trial Court's acquittal of the accused was justified based on the evidence presented.

Ratio Decidendi: The appellate Court should not interfere with the finding of acquittal recorded by the trial Court unless the approach of the lower Court is vitiated by some manifest illegality and the conclusion arrived at would not be arrived at by any reasonable person.

Final Decision: The appeal was dismissed, and the judgment and order of the trial Court were confirmed.

Advocate Appeared:
For Appellant : L.R. Pujari, A.P.P.
For Respondents:Sudhanshu Patel and K.M. Sheth, Advocates.

JUDGMENT

K.S. Jhaveri, J.

1. The present appeal, under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 30/10/2004 passed by the learned Joint District and Sessions Judge, Gandhinagar in Sessions Case No. 95 of 2004, whereby the respondents herein - original accused have been acquitted of the charges levelled against them for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Section 135 of the Bombay Police Act.

2. Brief facts of the prosecution case are that on 26-27/04/2004 at about 24:00 hours in the sim of Village: Vadodara, Dist.: Gandhinagar Nr. Bore-well, when the mother of the respondents herein - original accused was sleeping on a coat, one unknown person came and fell down on her and hence, she started shouting due to which, the respondents - accused and one juvenile in conflict with law, awoke and scuffle took place between them during which, the accused No. 1 assaulted the said person with scythe (dhariyu) and caused his death and thereafter, with the aid and abetment of other accused, throw away the dead body on the roadside and thereby, they committed the alleged offence for which, a complaint came to be lodged against them.

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, Gandhinagar.

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 original accused, the prosecution has examined following witnesses and produced following documentary evidence, as under:

Sr. No.	Name	Exh.
	ORAL EVIDENCE
1	PW-1 Bhimsen Ishwariprasad Chaudhary	8
2	PW-2 Raiben Adaji Thakor	12
3	PW-3 Kunvarben Jasuji Thakor	13
4	PW-4 Rajendrakumar Aljibhai, MO	18
5	PW-5 Jayantibhai Bordhambhai Patel, Panch	20
6	PW-6 Rahimbhai Babubhai Mir	23
7	PW-7 Vajirmohammad Dosmohammad, PSO	24
8	PW-8 Vinodkumar N. Yadav	26
9	PW-9 Vikramsinh Jethusinh Rathod, PSI, Complaint	28
	DOCUMENTARY EVIDENCE
1	Original complaint	31
2	Extract of vardhi of Dabhoda Police Station	25
3	Inquest Panchnama	14
4	Panchnama of place of offence	15
5	Investigation report of place of offence by FSL official	16
6	Panchnama of clothes on dead body	17
7	Panchnama of physical condition of the accused	21
8	Discovery Panchnama of weapon used in the crime, discovered at the behest of accused – Mahobatji Jasuji	22
9	PM report	19
10	Despatch Note of muddamal, sent to FSL	32
11	Receipt of FSL as to receipt of muddamal	33
12	Letter of FSL addressed to PSI, Dabhoda	34
13	FSL Muddamal Analysis Report	35
14	Serological Report	36
15	Notification as to Prohibition of use of weapons	37

2.4. At the end of the trial and after recording the Further Statements of the accused under Section 313 of Code and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge acquitted the respondents of all the charges levelled against them 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. Mr. L.R. Pujari, learned Additional Public Prosecutor appearing for the appellant - State has submitted that the trial Court committed an error in releasing the respondents - accused. It was contended by Mr. Pujari, learned Additional Public Prosecutor that the judgment and order of the Sessions Court i