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PUSHPENDRA SINGH BHATI, MADAN GOPAL VYAS
State Of Rajasthan – Appellant
Versus
Devilal @ Devida – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. This criminal appeal under Section 378 Cr.P.C. has been preferred by the State claiming the following reliefs:
2. The matter pertains to an incident which occurred in the year 1990 and the present appeal has been pending since the year 1995.
3. By way of the instant appeal, the appellant-State laid a challenge to the judgment dated 31.03.1995 passed by the learned Sessions Judge, Merta in Sessions Case 22/90 (State of Rajasthan Vs. Devilal @ Devida & Ors.), whereby the accused-respondents-Devilal @ Devida, Virdaram and Kewalchand have been acquitted and accused-respondent-Motiram and Annaram has been convicted under Sections 323 & 325 IPC respectively, but were granted the benefit of Section 4 of the Probation of Offenders Act, 1958.
4. Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that complainant-Nimbaram submitted an
The judgment establishes that in criminal appeals against acquittal, the appellate court must demonstrate clear errors in the trial court's findings and respect the presumption of innocence, requirin....
The presumption of innocence remains paramount in criminal law, and the prosecution must prove guilt beyond a reasonable doubt; mere suspicion or possibility of guilt is insufficient for conviction.
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 presumption of innocence remains until guilt is proven beyond a reasonable doubt, and the appellate court cannot overturn an acquittal without clear evidence of error or illegality in the trial c....
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.
The presumption of innocence is paramount, and appellate courts must respect trial court findings unless clear errors are demonstrated.
The appellate court cannot overturn an acquittal unless it finds a clear error or illegality in the trial court's judgment.
The acquittal of the accused was upheld due to insufficient evidence and contradictions in witness testimonies, reinforcing the presumption of innocence.
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