The appellate court should respect acquittals unless the trial court's conclusions are clearly perverse or no reasonable alternative exists based on the evidence.

JUDGMENT :

GITA GOPI, J.

1. The appeal has been filed by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) against the judgment of acquittal dated 12.5.2004 passed by the learned Special Judge, Fast Track Court no.3, Surat in Special Atrocity Case no.75 of 1992. The charge was under Sections 302 , 325, 342, 504, 114 of the INDIAN PENAL CODE , 1860 (“IPC” for short) and Section 3(1) (x) of the Scheduled Castes and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (“Atrocities Act” for short).

2. The complaint as briefly noted is that the complainant–Revabhai Machabhai lodged a complaint on 6.10.1992 at about 1 O’Clock in the afternoon stating that he along with Ramanbhai Khatrabhai Chaudhary had gone to jungle for the purpose of collecting wood for fire and at about 3.00 p.m., Beat Guard of the Forest Department Dhirubhai Patel from Jetpur circle of forest office, approached the complainant and started abusing him and beating the complainant with the stick. He sustained injuries on his body. The witness – Keniben Matarbhai and other persons tried to intervene and pacify the Beat Guard. The accused persons took the complainant and Ramanbhai Khatrabhai Chaudhary to Jetpur gate and confined them for the whole night and thereafter, released them on 7.10.1992 on the next day evening. Both the complainant and witness went to Primary Health Center for taking treatment. The Doctor after examining the complainant found the internal injuries over the intestine. The patient was therefore referred to Surat.

3. The complaint was filed as CR no.I-138/1992. At Surat, the complainant was operated on 8.10.1992, where during the course of treatment, he died. Accordingly, the offence under Section 302 IPC and Section 3(1)(x) of the Atrocities Act were added in the report and investigation was carried on and thereafter, the charge-sheet came to be filed.

4. Mr. Rohankumar Raval, learned APP has submitted that there was clear evidence of the complainant himself which was recorded by Kodarbhai Lakhmabhai Katara- PW10 when he was present at Mandvi Police Station and he had received a wardhi by PSO – Chitaman Ratan of Mandvi Primary Health Center and Janvajog entry no.24 of 1992 was registered on 7.10.1992 at about 13.15 hrs. and after necessary entry in the station diary, the investigation was handed over to him and he had visited the patient at the Primary Health Center, where Revabhai Machabhai gave his statement, which came to be registered as CR no.I-138/1992 under Sections 325 , 323, 504 IPC at Mandvi Police Station. The learned APP submitted that the witness PW10 himself has recorded the complaint and there was no reason not to believe the said statement and further submitted that the injured PW1 - Ramanbhai Khatrabhai Chaudhary has referred stating that the accused Dhirubhai had beaten him and Revabhai Machabhai with the stick as well as gun and PW1 himself has sustained injury on head, at the hands of Patil with a stick. The Village people had taken them home and they were brought to the hospital for treatment. Prior to that, they were detained and in the next morning, at about 7.00 a.m., they were released. The learned APP submitted that Ramanbhai Khatrabhai Chaudhary very specifically state that Revabhai Machabhai had sustained injury on the left leg as well as waist. The accused Dhirubhai had given him blow with the stick as well as with gun on the waist. The learned APP submitted that the learned Judge has failed to appreciate the evidence of the eye-witness coupled with the fact that inquest panchnama was drawn at Exh.18 reflecting the injuri