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A. Y. KOGJE, SAMIR J. DAVE
State Of Gujarat – Appellant
Versus
Mohan Shamji Punsariya – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE SAMIR J. DAVE)
1. Challenge in this appeal filed u/s. 378(1) of the Code of Criminal Procedure, 1973 is to the judgment and order passed in Sessions Case No.128 of 1991 dated 30.09.2003 by the learned 2nd Fast Track Judge, Junagadh whereby, the respondents herein, original accused, have been acquitted of the charge u/s. 302, 504 and 114 of IPC.
2. The facts in brief as emerging from the record are that on 03.04.1991, at around 0900 hrs., the original complainant, Gobar Mepa Bharwad, had taken his cattle to the open land of his village for grazing. It is alleged that without his knowledge, the cattle grazed into the field of accused No.1 and as a result, accused No.1 reprimanded Gobar Bharwad and also hurled abuses at him. Thereafter, a quarrel ensued between the parties and during this period, the accused No.1 hurled a stone at Gobar Bharwad, which hit him on his shoulder. Thereafter, both accused Nos.2 and 3 reached the spot armed with sticks. The accused No.1 took the sticks from accused No.3 and thereafter, both accused Nos.1 and 2 inflicted stick blows on Gobar Bharwad and subsequently, they were joined by accused No.3. After some time, all
An appellate court should not overturn an acquittal unless there is compelling evidence, respecting the presumption of innocence and the trial court's findings.
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or fundamentally flawed, emphasizing the presumption of innocence and the burden of proof on the prosecu....
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.
An appellate court must respect the presumption of innocence after an acquittal and may only intervene if the trial court's decision is perverse or unsupported by credible evidence, emphasizing the h....
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the necessity for clear evidence of guilt, reaffirming that if two reasonable conclusions are possible, the one ....
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
The appellate court upheld the trial court's acquittal of the accused, emphasizing the presumption of innocence and reliability issues regarding witness testimonies and dying declarations.
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.
An acquittal carries a double presumption of innocence, and the appellate court must not disturb findings unless clear error is established.
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