The judgment reinforces the principle of presumption of innocence and the requirement for clear and convincing evidence to establish guilt, emphasizing the reluctance to disturb a finding of acquittal unless there are substantial and compelling reasons to do so.

Headnote:
Acquittal - Criminal Appeal - Indian Penal Code, Section 147, 148, 149, 451, 302, 504, 324, 323, 34 - Summary
Fact of the Case:

The appellant-State of Gujarat appealed against the acquittal of the respondent Nos. 1 to 5 from the offence punishable under sections 147, 148, 149, 451, 302, 504, 324, and 323 of Indian Penal Code. The prosecution's case involved an assault on the complainant's family resulting in the death of his son. The trial court acquitted the accused, leading to the appeal.
Finding of the Court:

The court re-evaluated the evidence and found that the prosecution witnesses' testimonies were contradictory and lacked credibility. It noted discrepancies in the statements of the witnesses and highlighted unnatural conduct by the complainant and his family. The court emphasized that the prosecution failed to prove the case against the accused beyond reasonable doubt.
Issues: The issues revolved around the credibility of the prosecution witnesses, the natural conduct of the complainant and his family, and the failure to establish the case against the accused beyond reasonable doubt.
Ratio Decidendi: The court emphasized the principle of presumption of innocence in favor of the accused and the need for clear and convincing evidence to establish guilt. It highlighted the importance of not disturbing a finding of acquittal unless there are substantial and compelling reasons to do so.
Final Decision: The court dismissed the Criminal Appeal, upholding the judgment and order of acquittal for the respondent No. 1.

JUDGMENT :

RAJENDRA M. SAREEN, J.

1. Present Criminal Appeal has been preferred by the appellant-State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 31.07.1996 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 101 of 1994 acquitting the respondent Nos. 1 to 5-original accused Nos. 1 to 5 from the offence punishable under sections 147, 148, 149, 451, 302, 504, 324 and 323 of Indian Penal Code.

It is pertinent to note that the appeal against the respondent Nos. 2 to 5-original accused Nos. 2 to 5 has been dismissed at the time of admission of the appeal vide order dated 13.12.1996. Hence, the present appeal is proceeded against the respondent No. 1-original accused No. 1.

2. The crux of the case of the prosecution is as under:

As per the complaint, the complainant is residing at Village Vadvasa and is doing agricultural operations. He has three sons. The elder is Prabhatsinh, middle Suryasinh and younger one is Balvantsinh. Prabhatsinh and Suryasinh are married and residing separately. Balvantsinh is residing with the complainant.

As per the complainant, in the evening of 12.09.1994 when the complainant was at his house, accused No. 3 Arjanji Babaji after consuming the liquor was using abusive language in public, hence the complainant scolded him and therefore, in fury he started to give filthy abuses. Therefore, the complainant has given an application against him before the Prantij Police station on 13.9.1994. Keeping vengence of the same, at 11 A.M. on 14.9.1994 when the complainant, his wife Laxmiben, his sons Prabhatsinh, Suryasinh, Balvantsinh and wife of Prabhatsinh Kesharben and wife of Suryasinh Alkhiben were present at home, at that time accused No. 1 Bhathiji Punjaji, accused No. 2 Laxmanji Pujaji, accused No. 3 Arjanji, accused No. 4 Lalaji Salaji and accused No. 5 Chaturji Babaji Makwana came towards his house with Dhariya, spear, sticks and assaulted on him and standing in front of his house, they were giving filthy languages and were saying that where is Masangji, come out. The complainant asked them not to use filthy abuses and hence accused No. 1 inflicted Dhariyablow on the head of Prabhatsinh as a result, Prabhatsinh became unconscious and fell down in bleeding condition and at that time Suryasinh and complainant came to rescue Prabhatsinh accused No. 2 Laxmanji inflicted spear blow on the palm of left hand of Suryasinh. Accused Nos. 3, 4 and 5-Arjanji, Lalaji and Chaturji inflicted stick blows to the complainant and therefore wife of the complainant and wives of his sons intervened, the accused left the place saying abusive words. Thereafter, Prabhatsinh was taken to Vavasadapatiya on scooter and from where he was taken to Prantij Government Hospital in Car and from where he was transferred to Himmatnagar Civil Hospital where the Doctor declared him dead. Hence, the complainant has lodged the complaint for the aforesaid offences.

3. On the basis of the said complaint, investigation was started, statement of witnesses were recorded, inquest panchnama was carried out, panchnama of scene of offence was carried out, postmortem report was obtained and after through investigation, as there was sufficient evidence against the respondent-accused, Charge-sheet was filed before the learned Metropolitan Magistrate. As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Section 209 of Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Additional Sessions Judge, which has been numbered as Sessions Case No. 101 of 1994. Thereafter, Charge was framed against the accused for the offence punishable under sections 147, 148, 149, 451, 302, 504, 324, 323 and 34 of Indian Penal Code and under section 135 of Bombay Police Act. The accused pleaded not