The appellate court confirmed that an acquittal reinforces the presumption of innocence and cannot be overturned unless found to be unreasonable or perverse, even if another view is possible.

JUDGMENT :

GITA GOPI, J.

1. The State aggrieved by the judgment and order of acquittal dated 31.01.1998 passed by the learned Sessions Judge, Junagadh in Sessions Case No.116 of 1996, filed the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’).

2. The trial against three accused was under section 302 and 114 of Indian Penal Code (for short I.P.C.) and under section 135 of the Bombay Police Act (for short B.P. Act). The complaint was filed by Labhuben wife of Dhirajlal Mauajibhai stating that she along with her husband and children were residing separately from the in-laws at Khorasa (Gir) in the house which had come in their share and were deriving their livelihood through agriculture work. She stated that her father- in-law and mother-in-law were staying separately in their own house. Her husband and father-in-law both were looking after the agriculture work. Her father-in-law Mauajibhai since long time was suffering from T.B. and for his treatment her husband had taken him at Jithri village after ‘Bhim Agyaras’ and her husband had stayed in the dispensary for the treatment of father-in-law.

2.1 The complainant, earlier on 22.06.1995 had lodged FIR alleging that after completing her household work she had gone to father-in-law’s house, where her father-in-law and elder father-in-law, who since long time was lonely, were present in the house. She was doing domestic work; at that time, the elder father-in-law Devrajbhai had come with bhala stick and had asked her why she had come there; she replied that it was her father-in-law’s house. According to the complainant, the elder father-in-law Devraj got excited and started abusing her by using foul expression and thereafter, had given blow with Bhala stick, and to protect herself she sat down, the blow therefore caused injuries on the upper part of the left ear towards the head elder father-in-law thereafter had given her kick and fist blows, and she had received injuries on the left shoulder. Therefore, she started shouting and the neighbours Bhika Premji and his wife and Jayanti Puja came there and rescued her. At that time, Devraj pushed her and threatened that if she would come in between she would be done away with life.

2.2 According to the complainant, this incident had occurred at about 11:00 in the afternoon. Thereafter, she went home and then visited her paternal aunt’s house and informed her about the incident. She along with the paternal aunt Puriben were heading for giving the complaint, at that time, the paternal aunt’s son Vithalbhai Bhimji met her to whom she also narrated the incident, who also joined her to give the complaint dated 22.06.1995 under sections 321, 504 and 506(2) I.P.C. The accused was Patel Devraj Ambabhai, the accused No.1 of the present matter.

2.3 The complaint with regard to the incident dated 14.09.1995 of Labhuben wife of deceased Dhirajlal Mavabhai Patel, which had put accused on trial, was with the allegation that accused No.1 – Devabhai Ambabhai, who is the elder paternal uncle of deceased Dhirajlal Mauajibhai and accused No.2, the step mother and accused No.3, the daughter of step mother, all were often asking deceased about their share from the land, which deceased was cultivating in the elder paternal uncle’s land. On 14.09.1995, all the accused at about 7:00 in the evening, when deceased and complainant Labhuben were heading towards their old house carrying the fodder in the cart and were on t