Appellate courts should not interfere with an acquittal judgment if the trial court's reasoning is plausible and based on the evidence. Where two reasonable conclusions are possible, the appellate court must uphold the verdict favoring the accused, consistent with the principle of double presumption of innocence.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The appellant - State of Gujarat has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 30.07.1998 passed by the learned Additional Sessions Judge, Jamnagar (hereinafter be referred to as “the trial Court”) in Criminal Appeal No.36 of 1996, whereby the Trial Judge has convicted the accused for the offence punishable under Section 304 Part II of the Indian Penal Code and convicted and sentenced him to under go rigorous imprisonment of five years and to pay fine of Rs.500/- and in default of payment of fine, to undergo simple imprisonment of three years and acquit the accused from the offence under Section 302 of the Indian Penal Code.

2. Short facts of the present case are that on 02.01.1995 at about 7:00 a.m., the complainant left his house carrying a container of ghee for selling and proceeded towards Khambhaliya for fodder-related work. While he was standing on the road waiting for a vehicle, the accused and his son Karsan Devayat came before the complainant and Karsan caught hold of the complainant, while Devayat took out a knife from his pocket and began attacking him indiscriminately. That in an attempt to defend himself, the complainant grabbed Devayat's legs and pushed him to the ground. Thereafter, the complainant shouted for help, upon which Devayat and his son Karsan fled away from the scene. According to the complainant, during the incident, Devayat inflicted multiple knife injuries upon him including injuries on the right and left sides of his back, four injuries to his waist and lower back region, one injury to his right wrist, injuries to his left thigh and hip, and one serious knife wound below the ribs on the left side of his abdomen. Thereafter, complainant proceeded towards his house and his nephew Mandav and his elder cousin transported him by cart to Khankhanliya for medical treatment. At Khambhaliya, the attending doctor advised that he be taken to Jamnagar for further treatment. Accordingly, the injured complainant was taken by his nephew to Irwin Hospital for further medical treatment. The complainant stated that he lodged the present complaint while he was fully conscious. The Police Sub Inspector has lodged the complaint and, therefore, the same came to be forwarded to the Jamkhambhaliya Police Station for further investigation. After completion of investigation, the police prepared inquest panchnama as well as panchnama of scene of offence in presence of panchas. The accused were arrested and muddamals were discovered in presence of panchas. On completion of investigation, charge sheet was submitted in the Court of learned Judicial Magistrate First Class.

2.2 The charge against the accused came to be framed by the trial Court vide Exhibit 6 for the aforesaid offences. On being explained it to them, the accused has denied having committed any offence. The accused pleaded not guilty to the charge and pleaded for trial and hence, the case was tried by the trial Court.

3. It appears from the records that to prove the case, the prosecution has examined the following witnesses:-