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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK, JJ.
STATE OF GUJARAT – Appellant
Versus
BHAKU KHODA KHANT – Respondent
Criminal Appeal No. 1124 of 1994
Decided On : 06-02-2023
Indian Penal Code - Acquittal - Sections 147, 148, 149, 302, 307, 326, 323 - Bombay Police Act, 1951 - Sections 37(1), 135
Fact of the Case:
The appellant-State appealed against the acquittal of the accused in a case involving a fatal assault and other serious injuries. The prosecution's evidence included witness testimony, medical reports, and documentary evidence.
Finding of the Court:
The court found that the prosecution failed to prove the case beyond reasonable doubt. It noted contradictions in witness testimony, lack of explanation for injuries sustained by the accused, and inconsistencies in the prosecution's evidence.
Issues: The issues included the credibility of witness testimony, the ownership of the disputed land, and the nature of the injuries sustained by the accused.
Ratio Decidendi: The court emphasized that in an appeal against acquittal, it must not disturb the trial court's findings unless they are perverse or contrary to the evidence. It highlighted the double presumption of innocence in favor of the accused and the need for substantial and compelling reasons to overturn an acquittal.
Final Decision: The appeal was dismissed, and the trial court's acquittal of the accused was confirmed.
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Being aggrieved and dissatisfied with the judgment and order, Dated: 06.06.1994, passed by the learned Additional Sessions Judge, Gondal (‘trial Court’ hereinafter), in Session Case No. 64 of 1990, whereby, the trial Court acquitted the original accused Nos. 1 to 5 of the charge of commission of the offence punishable under Sections 147, 148, 149, 302, 307, 326 and 323 of the Indian Penal Code, 1860 (in brief ‘IPC’) and Sections 37(1) and 135 of the Bombay Police Act, 1951, the appellant-State has preferred the present appeal.
2. At the outset, it may be noted that during the pendency of this appeal, original accused No. 2-appellant No. 2 passed away and therefore, this appeal survives qua original accused-appellant Nos. 1, 3, 4 and 5 only.
3. The brief facts of the prosecution, as was unfurled before the trial Court, reads thus:
3.1 It is, further, stated in the complaint that on the date of the alleged offence, i.e. on 20.05.1990, his brother PW-17 Narsibhai had gone to the land, which was allotted to the deceased-Govindhbhai for carrying out agricultural activities, and thereafter, the deceased-Govindbhai had followed him. Later on, the complainant-PW-16 Kanjibhai also went to the land allotted to the deceased-Govindbhai.
3.1.1 When, PW-16 Kanjibhai reached the place of incident, he found that his brother Narsibhai was ploughing the land and at that time, the original accused Nos. 1 to 5, i.e. Bhaku Khoda, Mansukh Khoda, Jeram Khoda, Sukha @ Chana Khoda and Shamji Khoda, came there and picked-up a quarrel with the deceased-Govindbhai.
3.1.2 It is stated in the complaint that original accused No. 2-Mansukha and accused No. 4-Sukha had raamp in their hands. It is also stated in the complaint that the accused No. 2-Mansukh told the deceased-Govindbhai that they are going to finish them off, today. On hearing the same, the deceased-Govindbhai replied that he is standing there for them, i.e. the accused, to attack him.
3.1.3 On hearing the same, accused No. 2-Mansukh inflicted a blow of raamp on the head of the deceased-Govindbhai and the deceased-Govindbhai fell down, there and then. When, PW-16 Kanjibhai tried to intervene, accused No. 4-Sukhabhai inflicted a blow of ramp on the head of PW-16 Kanjibhai and on account of that he called his brother-Narsibhai for help, who was ploughing and he also fell down. When PW-17 Narsibhai came to rescue PW-16 Kanjibhai, accused No. 1-Bhaku caught hold of PW-17 Narsibhai and accused No. 4-Sukhabhai inflicted a blow of ramp on the head of PW-17 Narsibhai.
3.1.4 It is, further, stated in the complaint that, when the brother of his uncle, namely Kadvabhai Khimabhai PW-18, who was ploughing the land of the deceased-Govindbhai, came at the place of occurrence, he was also attacked by the accused persons. However, the complainant did not state in his complaint, as to who beat PW-18 Kadvabhai.
3.1.5 It is, further, stated in the complaint that after the complainant-Kanjibhai fell down, accused Nos. 3 and 5, who had sticks in their hands, started beating the deceased- Govindbhai and PW-18 Kadvabhai. Pursuant thereto, on hearing the commotion, since, Mavjibhai Nanjibhai and Rasik Nanjibhai PW-14, who were working in the nearby filed, came to the place of incident, whereupon, the accused persons
The judgment underscores the high standard of proof required in criminal cases, the presumption of innocence in favor of the accused, and the limited scope of appellate review in acquittal appeals.
The principle of double presumption in favor of the accused and the requirement to prove charges beyond reasonable doubt.
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
The appellate court confirmed that an acquittal reinforces the presumption of innocence and cannot be overturned unless found to be unreasonable or perverse, even if another view is possible.
Order of acquittal - Confirmed - Scope of section 378 Cr.P.C. and interference by High Court in an appeal has been considered makes it clear that order of acquittal in this case is not one which coul....
The appellate court must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence for conviction and the presumption of innocence in criminal cases.
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