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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, MAULIK J. SHELAT, JJ.
State Of Gujarat - Appellant
Versus
Pravinbhai Ramjibhai Jogal – Respondent
R/Criminal Appeal No. 281 Of 2000
Decided On : 20-11-2024
(A) Code of Criminal Procedure, 1973 - Section 378 - Indian Penal Code, 1860 - Section 302 - Appeal against acquittal - The Trial Court acquitted the accused of murder charges due to insufficient evidence and contradictions in witness testimonies - The appellate court found no grounds to overturn the acquittal, affirming the presumption of innocence. (Paras 1, 9, 13)
(B) Acquittal - Standard of review - The appellate court must respect the trial court's findings unless they are perverse or unsupported by evidence; the presumption of innocence is reinforced by acquittal. (Paras 9, 12)
JUDGMENT :
(Biren Vaishnav, J.)
1. This appeal has been filed by the appellant-State under Section 378 of the Code of Criminal Procedure, 1973, against the judgement and order of acquittal passed by the learned Sessions Judge, Amreli, in Sessions Case No.99 of 1995 on 20.12.1999. By the aforesaid judgement, the Trial Court has acquitted the respondent-accused of the offenses punishable under Section 302 of the Indian Penal Code.
2. The brief case of the prosecution is that on 30.09.1995, at around 15:00 hours, the accused at his house, had sprinkled kerosene on the deceased Manishaben Pravinbhai-the wife of the accused, causing her death by burns. According to the prosecution, the motive of the accused was that he had a doubt that his wife had an illicit relation with the distant relative. The accused was tried for offenses under Section 302 of the Indian Penal Code.
3. In pursuance of the investigation, a First Information Report was lodged with the Bagasara Police Station for the offenses punishable under Section 302 of the Indian Penal Code. During the investigation, several statements were recorded of the witnesses, various panchnamas were drawn including the panchnama of the scene of the offense. Medical evidence was collected for proving the case of the prosecution.
4. Upon committal of the case to the learned Sessions Judge, Amreli, the Sessions Judge framed charges vide Exh.2 against the respondent-accused for the aforesaid offenses. The respondent-accused pleaded not guilty. The prosecution had examined 14 witnesses and produced various documentary evidences. The details of the evidences led by the prosecution are as under:
| PW No. | Exh No. | Pg. No. | Name | Remarks | Relevant Para Judgment/ Pg.No. |
| 1 | 7 | 51 | Dr.AS Vadher, Amreli Civil | P.M.-relevant para 7-Pg.No.54. | Issue-1- pg.156, Issue-2- Para14, pg.159 |
| 2 | 10 | 61 | Natwarlal Nandalal | Panch of Scene of Offence. | Para20,pg.171 |
| 3 | 12 | 67 | Kirtilal Harjivandas | Panch InquestHostile |
|
| 4 | 14 | 74 | Lilaben Jilubhai | Panch InquestHostile |
|
| 5 | 15 | 76 | Alabhai Devdanbhai | Panch Clothes of deceased |
|
| 6 | 17 | 79 | Bhalubhai Nanjibhai | Panch of Arrest and condition Accused-Does not support prosecution case, signed prepared panchanama as per cross-examination. |
|
| 7 | 20 | 85 | Jayaben Bavbhai | Mother of Mansukhbhai-who had alleged illicit relationship with deceased | Para-17, pg.164 |
| 8 | 23 | 95 | Mansukhbhai Bavanjibhai | Alleged Illicit relationship with deceased. Cousin of deceased | Para-18, pg.168 |
| 9 | 26 | 102 | Govind Dosalbhai | Relative | Para-22, pg.171 |
| 10 | 29 | 105 | Dadubhai Suragbhai | PSO- Amreli City Police Station, does not know about nonrecording of DD. | Para-22, pg.171 |
| 11 | 36 | 114 | Laljibhai Arjanbhai | H.C. Recorded complaint of the deceased contradictions and unclear whether she could speak or not. Admits no DD could be recorded-relevant pg.115-116 | Para-16, pg.161-163 |
| 12 | 39 | 120 | Kiritsinh Bapalsinh | PSI, Bagasra- Does not support prosecution case and gives version of accident as narrated by negihbors. | Para-23, pg.172 |
| 13 | 48 | 139 | Dr.Prahlad Manilal Patel. | Dr. Who treated deceased and accused for burn injuries. | Para-17, pg.166 Para19,pg.170 |
| 14 | 56 | 144 | Dr.B.L. Dabhi | Dr. Who treated accused for burn injuries. |
|
Documentary Evidences
| Exh.No. | Pg.No. | Details |
| 2 | 44 | Charge-Frame |
| 5 | 49 | Muddamal list. |
| 8 | 56 | PM Note-Report |
| 18 | 81 | Arrest Panchanama |
| 40 | 124 | Station DiaryAmreli |
| 49 | 141 | Pravin Ramji injury certificate. |
| 50 | 1 | |
The appellate court upheld the acquittal due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.
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 acquittal, emphasizing that acquittals should not be disturbed unless there is clear evidence of guilt, reinforcing the presumption of innocence.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity for clear evidence of guilt in criminal cases.
The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing 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.
The appellate court must uphold a trial court's acquittal unless it is proven to be perverse or unsustainable, emphasizing the presumption of innocence.
Appeal against acquittal – Accused having secured his acquittal, presumption of his innocence is further reaffirmed and strengthened by trial Court.
The appellate court upheld the acquittal, emphasizing that the presumption of innocence remains unless clear evidence of guilt is established, and it should not interfere with the trial court's findi....
The appellate court upheld the acquittal, emphasizing the necessity of proving guilt beyond a reasonable doubt and respecting the presumption of innocence.
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