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BIREN VAISHNAV, MAULIK J. SHELAT
State Of Gujarat – Appellant
Versus
Bharta Keshva Rathod – Respondent
JUDGMENT :
Biren Vaishnav, J.
1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 has been filed against the judgement and order of acquittal dated 26.03.1997 passed by the learned Additional Sessions Judge, Dahod in Sessions Case No. 67 of 1996. By the judgment under challenge, the trial court has acquitted the respondents – accused for the offences punishable under Sections 302, 294 and 114 of Indian Penal Code.
2. The case of the prosecution in the First Information Report is that on 11.09.1995 at around 1700 hours deceased namely Nanabhai Dalsingbhai Rathod was sitting outside his residence. At that point of time, all four accused persons with an intention to commit murder arrived at the house of the deceased and started abusing him about the construction of the wall near the house of the deceased. It is alleged that accused no. 1 and accused no.2 gave kick and fist blows to the deceased with an intention and knowledge that such an act would cause death of deceased. It is also alleged that accused no. 3 & 4 arrived and started beating the deceased.
2.1 Pursuant to the said incident, a First Information Report was lodged with Garbada Police Station, Panchmahals
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 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, emphasizing the necessity of clear evidence for conviction and the presumption of innocence in criminal cases.
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 acquittal, emphasizing that acquittals should not be disturbed unless there is clear evidence of guilt, reinforcing the presumption of innocence.
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 must uphold a trial court's acquittal unless it is proven to be perverse or unsustainable, emphasizing the presumption of innocence.
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.
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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