Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 310

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VAIBHAVI D. NANAVATI, J.
State Of Gujarat – Appellant
Versus
Raval Dashrathbhai Mafabhai & Ors. – Respondents
R/Criminal Appeal No. 507 of 2008 With Criminal Misc.Application (For Joining Party) No. 1 of 2023 In R/Criminal Appeal No. 507 of 2008
Decided on : 16-05-2024

Advocates:
Advocate Appeared:
For the Appellant : MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR
For the Respondent: MR.DARSHAN A. DAVE

IMPORTANT POINT
The judgment emphasized the need for substantial and compelling reasons to interfere with an order of acquittal, the double presumption of innocence in favor of the accused, and the importance of re-appreciating the evidence to avoid miscarriage of justice.

Headnote:
ACQUITTAL - Criminal Appeal - Indian Penal Code (IPC) Sections 323, 504, 506(2); Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act) Section 3(1)(10); G.P. Act Section 184 - The court discussed the evidence and arguments presented by both the prosecution and the defense, and the legal principles governing appeals against acquittals. The court emphasized the need for substantial and compelling reasons to interfere with an order of acquittal, and the double presumption of innocence in favor of the accused. The court also highlighted the importance of re-appreciating the evidence and avoiding miscarriage of justice. Ultimately, the court found no grounds for interference and confirmed the judgment and order of acquittal.
Fact of the Case:
The complainant alleged that the accused intentionally caused harm to him, insulted him, and threatened him with his life. The prosecution presented witnesses and documentary evidence to support the case. The accused pleaded not guilty and stated that they were falsely implicated.
Finding of the Court:
The court found that the evidence presented by the prosecution was not sufficient to prove the guilt of the accused beyond reasonable doubt. The court emphasized the need for substantial reasons to interfere with an order of acquittal and concluded that the judgment and order of acquittal were just, legal, and proper.
Issues: The main issue was whether the prosecution had proved the guilt of the accused beyond reasonable doubt, and whether there were substantial reasons to interfere with the order of acquittal.
Ratio Decidendi: The court emphasized the principles governing appeals against acquittals, including the double presumption of innocence in favor of the accused and the need for substantial and compelling reasons to interfere with an order of acquittal. The court also highlighted the importance of re-appreciating the evidence and avoiding miscarriage of justice.
Final Decision: The Appeal was dismissed, and the judgment and order of acquittal were confirmed. The bail and bail bond were cancelled, and the record and proceedings were to be sent to the concerned Trial Court forthwith.

JUDGMENT :

1. It appears that during the pendency of the present Appeal, the complainant has expired. The same has been noted by this Court vide order dated 11.09.2023.

2. By way of this Appeal, the Appellant – State has felt aggrieved by the judgment and order of acquittal dated 08.06.2007 passed by the learned Special Judge, Atrocity, Mahesana in Special Atrocity Case No.13 of 2007 whereby the respondents were acquitted for the offences punishable under Sections read with Sections 323, 504 and 506(2) of the Indian Penal Code (IPC), under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to in short as ‘the Atrocities Act’) and under Section 184 of the G.P. Act.

3. The case of the prosecution is as under :-

2.1. On 28.07.2006, the accused persons left their cattle for grazing in the field of Vankar Backward Class Cooperative Agriculture Mandali bearing Survey No.179. At about 9.00 a.m. in the morning, when the complainant went into the field, he saw the cattle of the accused grazing in the field and therefore, rebuked the accused. It is alleged that hence, the accused No.1 and the accused No.3 got provoked, attacked the complainant by holding weapons and inflicted fist blows on the stomach of the complainant and at that juncture, Dhanjibhai Ramabhai Sadabhai and Thakore Ajmalji came there and saved the complainant from further blows. It is further alleged that the accused persons gave filthy abuses and threatened the complainant with his life. Therefore, the complainant lodged a complaint with Kadi Police Station against the accused persons under the above Sections.

2.2. On the basis of the complaint filed, the investigation commenced. Since it was a Sessions triable case, the learned Judicial Magistrate First Class committed the case to the Court of Sessions and placed for trial before the learned Special Judge (Atrocity). Charges were led against all the original accused under the above Sections and after conclusion of the trial, the accused were acquitted.

2.3. At the time of the trial, the prosecution examined the following witnesses :-

Particulars	Exh.
Ramsanghji Gandaji Thakore (Panch Witness)	6
Sadabhai Lalabhai Makwana (Complainant)	8
Naginbhai Jivabhai Makwana (Panch Witness)	13
Ramabhai Sadabhai Makwana	15
Ajmalji Juhabhai Vaghela	16
Ishwarbhai Juhabhai Vaghela	17
Mayanksinh Ajitsinh Chavda (Investigating Officer)	21
Dr. Bakul Prabhubhai Patel (Medical Officer)	22

The prosecution also relied upon various documentary evidences, some of them are :-

Particulars	Exh.
Panchnama of scene of offence	7
Original Complaint	9
Caste Certificate of the complainant	10
8/A Extract of Sadra Gram Panchayat	11
7/12 Extract of Sadra Gram Panchayat	12
Panchnama of the clothes of the complainant	14
Order of Depute	18
Position of the body of the accused persons	19-20
Closing of the stage of evidence after filing of the Pursis in this regard by the learned Additional Public Prosecutor.	24

2.4. At the end of the trial, further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded in which the respondents pleaded not guilty and stated that they have been falsely implicated in the offence. Thus, after recording the further statement of the accused and hearing the arguments of both the sides, the learned Additional Sessions Judge passed the above judgment and order. Being aggrieved by the same, the present Appeal has been filed by the State, as aforesaid.

4. Learned Additional Public Prosecutor Mr. Hardik Soni for the appellant – State that the competent Court has erred in having failed to appreciate the oral evidence and the witne