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A. Y. KOGJE, SAMIR J. DAVE
State Of Gujarat – Appellant
Versus
Chaturbhai Somabhai Thakor – Respondent
JUDGMENT :
A.Y. Kogje, J.
1. Present Appeal is preferred by the State under Section-378 of the Code of Criminal Procedure, 1973 against the judgment and order dated 21.03.1998 passed in Sessions Case No.134 of 1991 by the Additional Sessions Judge, Kheda at Nadiad.
2. The State is in Appeal on the ground that evidence recorded during the course of trial was sufficient to establish the case against the respondent-accused and therefore, an error is committed by the Sessions Court in giving benefit of doubt to the respondent-accused and acquitting him of the charge.
3. The FIR came to be registered in connection with the incident, which took place midnight between 13-11-1990 and 14-11-1990, where allegedly respondent-accused assaulted the deceased with stick on the vital part of the body resulting in serious injuries and subsequent death of the deceased.
4. The respondent-accused is second husband of witness- complainant; Gangaben and deceased is father. According to the prosecution, on account of some matrimonial issues, Gangaben was staying with her father against wishes of the husband and therefore, when the husband came to take her back, the father having refused, assault has taken
The acquittal of the accused was upheld due to insufficient evidence and the principle of presumption of innocence in criminal jurisprudence.
The main legal point established in the judgment is that in an appeal against acquittal, the appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable....
The importance of proving the contents of a panchnama and the circumstances indicating intention to cause death, as outlined in the judgment of Pulicherla Nagaraju @ Nagaraja Reddy vs State of A.P.
An acquittal carries a double presumption of innocence, and the appellate court must not disturb findings unless clear error is established.
Acquittal cannot be disturbed unless the trial court's findings are perverse or not supported by evidence; proof beyond reasonable doubt is essential.
The appellate court upheld the presumption of innocence, emphasizing the need for credible evidence linking the accused to the crime, ultimately dismissing the appeal against acquittal.
Point of law : in absence of other circumstantial evidence, the Court can come to the conclusion that faulty and improper investigation has created doubt about the involvement of a person when the ca....
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