The appellate court must uphold a trial court's acquittal unless it is proven to be perverse or unsustainable, emphasizing the presumption of innocence.

JUDGMENT :

BIREN VAISHNAV, J.

1. Appeal has been filed by the Appellant State under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) against the Judgment and Order of acquittal passed by the Ld.Additional Sessions Judge, Bhavnagar (hereinafter referred to as “the Trial Court”) in Sessions Case No.23 of 1994 on 22.07.1997. By the judgement and order under challenge, the Trial Court has acquitted the respondents - accused for the offences punishable under Sections 498 (A), 302, 304 (B), 201, 213 and 34 of Indian Penal Code (“IPC” for short) and Sections 3 & 4 Of Dowry Prohibition Act.

1.1 Pending the appeal, the respondents no. 2 & 3 have died and their death certificates have been placed on record by the learned counsel for the respondents. Accordingly as far as respondents no. 2 and 3 are concerned, the appeal stands abated.

2. The brief case of the first informant as alleged in the First Information Report which had ultimately given rise to the present appeal are as follows:

2.1 It is the case of the prosecution that on 07.07.1993, one Vimuben was killed by the accused persons by way of severe beating and by strangulation. The said fact was known by the complainant from the village people. It is also the case of prosecution that on the next day of the demise i.e. on 08.07.1993, the cremation of the deceased was also done and thereafter the complainant and the family members were informed that due to blood loss, the deceased Vimuben had expired. It is the case of prosecution that upon reaching the village, from the village people, the complainant and other relatives had come to know that the deceased was killed by the accused persons.

2.2 It is also the case of prosecution that before one and half months of the incident, when the deceased came to her parental home, she had conveyed and informed the parents and relatives that she was being tortured mentally and physically by the in-laws. Accordingly, on 13.07.1993, the complainant lodged the complaint.

2.3 In pursuance of the above, First Information Report was lodged with the Gariyadhar Police Station, Bhavnagar, for the offences punishable under Sections 498 (A), 302, 304 (B), 201, 213 and 34 of Indian Penal Code, 1860, vide I-CR No.81 of 1993. Investigating Agency during the course of investigation recorded statements of the witnesses, drew 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 Judicial Magistrate First Class which was thereafter committed to the Sessions Court, Bhavnagar as provided under Section 209 of the Code, which was numbered as Sessions Case No.23 of 1994.

2.4 Upon committal of the case to the Sessions Court, the Ld. Sessions Judge, framed charges against the Respondents - Accused for the aforesaid offences. The Respondents - Accused pleaded not guilty and claimed to be tried. They were tried for the said offences and in order to bring home charge, the prosecution has examined 7 prosecution witnesses and also produced various documentary evidence before the Ld. Trial Court. The details of the evidence led by the prosecution are reproduced in the tabular form hereunder:

Oral Evidences