The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.

JUDGMENT :

BIREN VAISHNAV, J.

1 This appeal under Sec. 378 of the Code of Criminal Procedure, has been filed by the State against the judgement and order of acquittal passed by the Sessions Judge, Jamnagar in Sessions Case No. 20 of 1995 on 23.05.1997. The Trial Judge has acquitted the respondents – accused for offences punishable under Sec. 302 read with Sec.34 of the Indian Penal Code and Sec.135(1) of the Bombay Police Act.

2 Brief case of the prosecution is as under:

2.1 That on 22.07.1994, at about 7:30 p.m, the deceased Hasam Jusab, after taking dinner had gone to the shop of Ismail Sidik Vandha, to buy bidi. The Prosecution Witness No.1, Sarabai, who followed him to purchase edible oil, near the shop of Ismail Siddik Vandha, witnessed the accused persons picking up a quarrel with the deceased Hasam Jusab alleging that Hasam Jusab had usurped the labour charges. When the deceased Hasam Jusab refused those allegations, the accused No.1, Abbas inflicted knife blow on his neck. Accused No.2, Natho attempted to assault Hasam by a knife, but could not succeed in his attempt as the witnesses Smt.Jenabai Daud, Hajuben Osman and Ismail Sidik came there on hearing the shouts of the complainant Sarabai and the accused persons ran away.

2.2 The deceased Hasam Jusab was taken to the hospital for treatment, where the doctor on examination, declared him dead. A complaint was given by Sarabai in the hospital which was recorded by P.S.I (Investigation) City ‘B’ Division Police Station, Jamnagar. The FIR came to be lodged with the concerned police station for the offences in question. The Investigating Officer recorded statements of the witnesses, drew panchnamas, collected medical papers, Post Mortem Reports etc. The Investigating Officer, after concluding the investigation, submitted the charge-sheet in the Court of concerned Magistrate, Jamnagar. Since the alleged offences were triable by the Court of Sessions, learned Magistrate committed the case to the Sessions Court, Jamnagar, which was numbered as Sessions Case No. 20 of 1995.

2.3 Upon committal of the case to the Sessions Court, Jamnagar, the learned Sessions Judge, framed charges vide Exh.2 against the respondents – accused for the offences punishable under Secs. 302 r/w. Sec.34 of the Indian Penal Code and Sec.135(1) of the Bombay Police Act. The respondents – accused pleaded ‘not guilty’. They were tried for the said offences and in order to bring home the charge, the prosecution has examined 14 prosecution witnesses and also produced various documentary evidences before the Ld.Trial Court. The details of the evidence ie. oral and documentary led by the prosecution are reproduced in a tabular form hereunder:

Oral Evidences

Documentary Evidences