In criminal appeals, courts may reappraise evidence but uphold acquittals unless evidence proves guilt beyond reasonable doubt, maintaining the presumption of innocence.

JUDGMENT :

MAULIK J. SHELAT, J.

1. The present appeal has been filed by the State under Section 378 of the Code of Criminal Procedure, 1973, against the judgement and order dated 19th February 2004 passed by the Sessions Court, Jamnagar (hereinafter referred to as “Trial Court”) in Sessions Case No. 48 of 2003. By way of the impugned judgement and order, the accused has been acquitted under Section-302 of the INDIAN PENAL CODE (hereinafter referred to as “IPC”) by the Trial Court.

2. The short facts of the prosecution case are as under:

3. The alleged incident took place on 1st March 2003 in afternoon hours in the house of the first informant, who happens to be the husband of the deceased Parmeshwariben, wherein he has disclosed that the deceased sustained an accidental injury from falling in the house while doing domestic work, she sustained injuries and she was taken to the hospital at about 16:00 hours on 1st March 2003, itself and the doctor concerned declared her dead at about 16:30 hours.

4. The police appears to have been informed about the accidental death as per Section-174 of the CRIMINAL PROCEDURE CODE (hereinafter referred to as “CrPC”), whereby, Accident Case No.24 of 2003 has been registered by the City B-Division Police Station, Jamnagar City. It is the further case of the prosecution that during the investigation and after recording the statements of prosecution witnesses, it came to light that there was a quarrel between the first informant and the deceased on 1st March 2003 at around 13:30 hours, but in such statements were not reveal any such fact that she sustained any accidental injury due to giddiness.

5. Furthermore, the post-mortem report was received by the police which confirmed the fact that there was a strangulation mark on her neck and due to which, she succumbed to such bodily injury and died due to asphyxia on account of ligature strangulation.

6. The police after completion of investigation filed chargesheet against accused under section-302 of IPC and JMFC, Jamnagar committed the case to be tried as Session Case.

7. To prove the case against the accused, the prosecution led the following oral and documentary evidence:

Oral Evidences of Prosecution

Documentary Evidences of Prosecution