2024 Supreme(Guj) 2039
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, MAULIK J. SHELAT, JJ.
STATE OF GUJARAT – Appellant
Versus
RAGHAVJI BHAGAVNJI KACHHTIYA – Respondent
Criminal Appeal No. 268 of 2003
Decided On : 29-10-2024
Advocate Appeared:
For the Appellant : J.K. SHAH
For the Respondent: J.M. BUDDHBHATTI
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.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 378 - Appeal against acquittal - The appellant State challenged the acquittal of the respondents-accused for offenses under Sections 302 and 504 of IPC - The trial court acquitted the accused due to hostile witnesses and discrepancies in dying declarations - The appellate court upheld the acquittal, emphasizing the presumption of innocence and the need for clear evidence of guilt. (Paras 1, 2, 5, 10)
(B) Acquittal - The appellate court must respect the trial court's findings unless they are perverse or unsustainable - The principle of double presumption of innocence applies, and if two reasonable conclusions are possible, the acquittal should not be disturbed. (Paras 6, 8, 10)
Facts of the case:
The prosecution alleged that the accused set the deceased on fire during a dispute over maintenance payments. The trial court found that key witnesses turned hostile, leading to reasonable doubt regarding the prosecution's case.
Findings of Court:
The appellate court found no reason to overturn the trial court's acquittal, affirming that the evidence did not conclusively prove the guilt of the accused.
Issues: The main issues included the credibility of dying declarations and the standard of proof required to overturn an acquittal.
Ratio Decidendi: The court reiterated that the appellate court should be slow to interfere with acquittals and must respect the trial court's assessment of witness credibility and evidence. The presumption of innocence is reinforced by an acquittal.
Result: Appeal dismissed.
JUDGMENT :
BIREN VAISHNAV, J.
1. This appeal has been filed by the appellant State under Section 378 of the Code of Criminal Procedure against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Jamnagar, dated 30.09.2002. By the judgment and order, the learned Trial Court, in Sessions Case No. 114 of 1998, acquitted the respondents-accused for the offenses punishable under Sections 302, 504 read with Section 114 of the Indian Penal Code.
2. The brief case of the prosecution as per the First Information Report is that the accused no. 1-Raghavji Bhagvanji is the son of the deceased Bhagvanji Nanji. He is the second son of the deceased who was staying with his wife, the accused no. 2-Manjuben. The incident occurred as a result of a dispute with regard to the maintenance amount that the accused had agreed to pay to the deceased father. Since the accused did not pay the amount and demand was made by the father Bhagvanji, as per the case of the prosecution, when the father demanded the amount from the son-the accused no. 1, he was told to come to the house in the evening so that the dispute could be settled. When the accused and his wife were at home in the evening and when the father deceased-Bhagvanji approached them, the son-accused no. 1 poured kerosene on his father and set him on fire. When the deceased father was trying to rush out of the home, he was obstructed by the wife of accused no. 1-Manjuben. The deceased succumbed to the injuries. Hence, he was charge-sheeted. The case was committed to the Sessions Court for trial. Upon committal of the case, the learned Sessions Court, Jamnagar, framed charges at Exh.44. The prosecution examined 28 witnesses. It also led documentary evidence. The details of oral as well as documentary evidences are as under:
Oral Evidences
| S. No. | Exhibit No. | Name of Witness | Nature of Witness | Remarks |
| 1. | 56 | Dr. P.H. Shah | Post Mortem Officer |
|
| 2. | 60 | V.H. Patel | Mamlatdar and Executive Magistrate |
|
| 3. | 67 | Arjan Karana | Panch | Hostile |
| 4. | 68 | H.B. Bhupat | Panch | Hostile |
| 5. | 69 | M. Harun | Panch | Hostile |
| 6. | 70 | B. Vaghajibhai | Panch | Hostile |
| 7. | 71 | Kanji Nanji | Panch |
|
| 8. | 73 | J.C. Pandiya | P.S.O. |
|
| 9. | 84 | R. Bhagvanjibhai | Son of the deceased Hostile | Hostile |
| 10. | 85 | D. Bhagvanjibhai | Son of the deceased | Hostile |
| 11. | 86 | D. Bhagvanjibhai | Son of the deceased | Hostile |
| 12. | 87 | K. Dhanjijibhai | Son-in-law of the deceased |
|
| 13. | 88 | P.B. Shatvara | Wife of the deceased |
|
| 14. | 89 | K. Ramjibhai | Daughter-in-law of the deceased | Hostile |
| 15. | 90 | D. Devshibhai | Son-in-law of the deceased | Hostile |
| 16. | 91 | R. Dayaljibhai | Daughter-in-law of the deceased | Hostile |
| 17. | 92 | K. Kanjibhai | Sister-in-law of the deceased |
|
| 18. | 93 | M. Dayaljibhai | Grandchild | Hostile |
| 19. | 94 | Dayaljibhai Kanjibhai | Grandchild | Hostile |
| 20. | 95 | V. Kanjibhai | Grandchild | Hostile |
| 21. | 96 | S.V. Shapriya | Medical Officer |
|
| 22. | 99 | R. Rashubha | Head Constable, Jamnagar |
|
| 23. | 101 | D. Benesinh | P.S.O. |
|
| 24. | 104 | M.B. Thakar | Circle Officer, Mamlatdar Office |
|
| 25. | 109 | B.P. Chaudhary | Doctor |
|
| 26. | 112 | R.V. Bhochiya | Constable, Jamnagar |
|
| 27. | 113 | D.A. Jadeja | P.S.I. Writer |
|
| 28. | 119 | S.N. Bapodara | Investigating P.S.I. |
|
Documentary Evidences
| S. No. | Exhibit No. | Name of Witness | Remarks |
| 1. |
| ||