IMPORTANT POINT
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.

JUDGMENT :

A.Y. KOGJE, J.

1. This appeal is filed by the State under Section 378(1) of the Criminal Procedure Code against judgment and order of acquittal dated 14.02.2024 passed by the Principal District and Sessions Judge, Kheda at Nadiad in Sessions Case No. 65 of 2022.

2. It is a case where on account of minor dispute of the accused with the father (since deceased), the son, loosing temper, assaulted the father with “dhoka” (wooden bat) resulting in serious injuries.

3. Learned APP submitted that the case is of an eyewitness, where the prosecution had examined PW-1 Kokilaben, Exh.12, who is mother of the accused and wife of the deceased and according to this witness, the incident had taken place in their house and therefore, she was a natural eyewitness. However, an error is committed by the Sessions Court in not treating her as an eyewitness.

3.1 It is argued that for not treating PW-1 as eyewitness, the Sessions Court has not given any convincing reasons, but has based its finding on the panchnama of scene of offence to conclude that the place where PW-1 was washing cloths, was outside the house whereas the incident has taken place inside the house and therefore, she was not treated as eyewitness. It is submitted that the Court has erred in not taking into consideration the other circumstances.

3.2 Learned APP has thereafter submitted that the prosecution was able to establish homicidal death by examining Medical Officer being PW-3 Dr. Metha Shah, Exh.15, who examined injured Manibhai Bhoi (since deceased) and before this witness, another neighbour-Manubhai Raval gave history of accused having assaulted the injured.

3.3 It is submitted that in this regard even, PW-8 Dr. Nirmala Matai, Exh.30 also gave similar history having examined injured Manibhai Bhoi, where also history of assault by the accused was given by a neighbour.

3.4 It is submitted that the prosecution has examined PW-14 Dr. Nisarg Humal, Exh.48, who performed postmortem and has described the injuries in his deposition as well as postmortem note, which was exhibited through him. In that fashion, the prosecution has established the homicidal death.

3.5 It is argued that the Sessions Court has failed to take into consideration evidence of PW-2 Sachin Shelke, Exh.14 and submitted that this witness was neighbour and when the incident took place, upon hearing shouts of help by Kokilaben as well as respondent-accused, he reached the place of incident and found respondent-accused standing with “dhoka” which other people from neighbourhood snatched away from him.

3.6 It is therefore submitted that despite the aforesaid evidence, the Sessions Court has proceeded to give benefit of doubt and acquitted the respondent-accused.

4. By order dated 24.10.2024, this Court had ordered for Records and Proceedings, which is available for the Court’s perusal.

5. Having heard learned APP for the appellant-State, it appears to be a case where the complainant is the mother, accused is son and deceased is her husband and father of accused. Out of the two sons, one son has already expired on account of his murder whereas according to this very witness, the respondent-accused was of unstable mind and had no control over himself. As the complainant (PW-1) in her deposition had indicated about unstable mind of the respondent-accused, apparently, exercise was undertaken to ascertain mental health of the respondent-accused so as to decide wither he is fit to stand trial and in this connection, Superintendent, Hospital for Mental Health, Vadodara issued certificate, Exh.7 dated 15.03.2023 opining that the Committee, after examination, held that the respondent-accused is fit to stand trial.

6. In connection with the incident, FIR being CR No. 11204041220572 of 2022 came to be registered with Mahemdabad Police Station, Dist. Kheda for offence under Section 302 of IPC. After due investigation, charge sheet No. 130 of 2022 came to be filed on 06.08.2022 and the case being Sessions triable, after due compli