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.

JUDGMENT :

BIREN VAISHNAV, J.

1. This Criminal Appeal has been filed by the Appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order passed by the learned Additional Sessions Judge, Mehsana, camp at Patan in Sessions Case No. 86 of 1993 on, 31.12.1996, whereby, the learned Trial Court has acquitted the respondents-accused for the offences punishable under Sections 147, 148, 302, 323, 325, 337 read with section 149 on Indian Penal Code and under section 135 of Bombay Police Act. So far as the facts are concerned, the respondents are hereinafter referred to as the accused for the sake of convenience/clarity and brevity.

2. Brief case of the prosecution case is as under:

2.1 In this case incident took place at village Vasai of district Mehsana on February 23, 1992 at about 11:00 a.m. the day on which elections of various Gram Panchayats including that of village Vasai was held. That on 23.02.1992 at about 11:00 a.m. initially some commotion took place between Patels and Darbars and Shri B.D. Vaghela, Police Sub Inspector posted on duty at the place, lodged a FIR. As he had no knowledge about any serious injuries to the persons gathered there and as he did not know the persons gathered, he gave simple F.I.R. of minor offences. At that time, the Police also did not take the incident seriously, the relatives of the deceased took the incident seriously and hence till about 27.2.1992 material investigation was not carried out. One of the injured Baldevbhai expired on 26.02.1992 and hence the present petitioner went to Vijapur Police Station on 27.02.2992 and lodged a F.I.R. for the offence of murder and the material investigation started.

2.2 In pursuance of the above allegation of the first informant, First Information Report was lodged with the Vijapur Police Station, Mehsana, for the offences punishable under Sections 147, 148, 302, 323, 325,337 read with section 114,149 of Indian Penal Code, 1860 section 135 of Bombay Police Act vide I-CR No. 71/92. Investigating Agency during the course of investigation recorded statements of the witnesses, drawn various panchnamas including panchnama of scene of offence, collected medical papers, PM Report etc. for the purpose of proving of the offence. After having found sufficient material against the Respondents-Accused, charge sheet came to be filed in the Court of Ld. Judicial Magistrate First Class, Mehsana. As the said Court, lacks jurisdiction to try the offence as alleged offences being exclusively triable by the Court of Sessions, it committed the case to the Sessions Court, Mehsana as provided under Section 209 of the Code, which was numbered as Sessions Case No. 554 of 1992.

2.3 Upon committal of the case to the Hon’ble Sessions Court, Mehsana, the Ld. Sessions Judge, framed charges vide Exh.21 against the Respondents-Accused for the aforesaid offences. The Respondents-Accused pleaded not guilty and claim to be tried. They were tried for the said offences and in order to bring home charge, the prosecution has examined 14th prosecution witnesses and also produced various documentary evidence before the Ld. Trial Court. The details of the evidence in brief led by the prosecution are reproduced in the table form hereunder:

ORAL EVIDENCES