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

Headnote:
Acquittal Appeal - Atrocity - Indian Penal Code, Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act, Gujarat Police Act - Sections 147, 302 read with section 149 of Indian Penal Code, 3(1)(x) and 3(1)(i) of the Prevention of Atrocity Act, section 135 of Gujarat Police Act
Fact of the Case:

The appellant-State filed a Criminal Appeal against the acquittal of 9 accused from charges under various sections of the Indian Penal Code, Prevention of Atrocity Act, and Gujarat Police Act. The deceased, a member of the Scheduled Caste community, was allegedly beaten and died in police custody. The prosecution's case was based on witness statements and medical evidence.
Finding of the Court:

The court re-evaluated the evidence and found contradictions and inconsistencies in the prosecution's case. The medical evidence did not conclusively prove the cause of death, and witness statements were deemed unreliable. The court emphasized the presumption of innocence and the need for clear evidence of guilt. It concluded that the prosecution failed to prove the case beyond reasonable doubt.
Issues: The main issues were the reliability of witness statements, the sufficiency of medical evidence, and the burden of proof in establishing guilt beyond reasonable doubt.
Ratio Decidendi: The court emphasized the presumption of innocence, the need for clear and convincing evidence of guilt, and the importance of evaluating witness credibility and medical evidence. It highlighted the principle that in case of acquittal, there is a double presumption in favor of the accused.
Final Decision: The court dismissed the Criminal Appeal, upholding the acquittal of the accused based on the lack of clear and convincing evidence of guilt.

JUDGMENT :

S.H. VORA, J.

1. Present Criminal Appeal is filed by the appellant-State being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Mehsana Camp at Patan dated 11.5.1994 in Special (Atrocity) Case No. 1 of 1994 whereby the learned Judge has acquitted all 9 accused/respondents from the offence punishable under sections 147, 302 read with section 149 of Indian Penal Code and under sections 3(1)(x) and 3(1)(i) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act (hereinafter referred to as “the Atrocity” Act) and under section 135 of Gujarat Police Act.

2. Brief case of the prosecution is that the deceased Rambhai Sendhabhai is resident of village Nortol and belong to Scheduled Caste community. On the date of incident when the deceased was at his home, at that time, accused No. 1 came to the house of the complainant-Gomtiben and took away the deceased Rambhai Sendhabhai in a tractor wherein other accused were also present. As per the case of the prosecution, the deceased was beaten by the accused in the tractor and thereafter he was handed over to the police and the deceased died in the police custody. Subsequently, complaint was lodged by the wife of the deceased in Kheralu Police Station against the respondents/accused, which was registered accordingly.

3. The investigation was set in motion and Police Inspector N.G. Patel recorded statements of witnesses, recovered weapons from the accused, panchnama of the scene of offence and other panchnamas were prepared, muddamal was sent to the FSL, as there was sufficient against the accused, thereafter charge-sheet was filed in the court of learned Judicial Magistrate, First Class, Kheralu. As the case was filed under section 302 and Atrocity Act and the learned Magistrate having no jurisdiction to try the case, the case was committed to the Sessions Court accordingly.

4. The learned Special Judge before whom the case was committed, framed the Charge vide Ex.20. The accused denied the contents of the charge. As a result, trial was conducted by the Special Judge. Further Statements of the accused under section 313 of the Code of Criminal Procedure were recorded in which accused/respondent Nos. 1, 2 and 5 raised defence that on the date of incident, the deceased Rambhai Sendhabhai was in a drunken condition and was unable to take care of himself. As such, accused/respondent Nos. 1, 2 and 5 took the deceased to Kheralu Police Station and handed over the deceased to the police station and complaint was filed by the accused/respondent No. 5 against the deceased. The deceased was also taken to the Doctor by the police as he was booked in the case of Prohibition and thereafter he was taken to the lock-up wherein he was found dead in the morning. It is also defence of the accused that merely to get compensation, after death the of the deceased, the complaint is filed and the accused are falsely implicated in the offence.

5. Upon recording of the Further Statements of the accused, arguments were heard by the learned Special Judge and thereafter trial was resulted into acquittal of all the accused from the charges levelled against them, as a result of which the present appeal is filed by the appellant-State of Gujarat.

6. It is pertinent to note that during the pendency of this appeal accused/respondent Nos. 1, 2, 3, 7 and 9 have expired and the present appeal survives qua the rest of the accused/respondent Nos. 4, 5, 6 and 8.

7. As the acquittal appeal is filed by the State against the judgment and order of 9 accused for the offence under sections 147, 302 read with section 149 of Indian Penal Code and under section 3(1)(x) and 3(1((i) of the Prevention of Atrocity Act and under section 135 of Gujarat Police Act, notice was issued by the co-ordinate bench of this Court upon the original complainant on 13.3.2020 and this Court issued notice vide order dated 3.10.2022 and though the notice to the original complainant is served, the original c