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BIREN VAISHNAV, MAULIK J. SHELAT
State Of Gujarat – Appellant
Versus
Abbas Musa Sanghad – Respondent
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 compla
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 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 acquittal due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.
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, emphasizing the necessity of clear evidence for conviction and the presumption of innocence in criminal cases.
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 must respect the presumption of innocence and the trial court's findings unless there is a clear error or misreading of evidence.
The appellate court must uphold a trial court's acquittal unless it is proven to be perverse or unsustainable, emphasizing the presumption of innocence.
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