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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State – Appellant
Versus
Mohan Lal – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. By way of the instant criminal appeal, the appellant-State laid a challenge to the judgment of acquittal dated 24.04.1998 passed by the learned Judge, Special Court, SC/ST (Prevention of Atrocities Cases) & Additional Sessions Judge, Bikaner (‘Trial Court’), in Sessions Case No.51/96 (State of Rajasthan Vs. Mohanlal & Ors.), whereby accused-respondent-Mohini was acquitted of the charge against her under Section 302/109 IPC; accused-respondents, namely, Bheraram, Mohanlal, Ms. Manju, Ms. Seema & Ms. Kiran, were acquitted of the charges against them under Sections 147 & 302 IPC & in alternate, under Section 302/149 IPC.
2. At the outset, learned Public Prosecutor appearing on behalf of the State produced before this Court a report dated 23.08.2024 received from the Office of Station House Officer, Police Station, Kotgate, District Bikaner, which reflects that accused-respondent no.1-Mohan Lal, accused-respondent no.3-Ms.Manju, and accused-respondent no.5- Smt. Mohini have already expired, and hence. Thus, now the present appeal may be heard and decided on qua the surviving accused-respondents Bheraram, Ms.Seema and Smt. Kiran.
2.1. The aforesaid r
The appellate court's review of acquittals is limited to identifying legal errors or perverse findings in the trial court's judgment.
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
An appellate court can only overturn an acquittal if it finds a clear error or illegality in the trial court's judgment, maintaining the presumption of innocence.
The acquittal of the accused was upheld due to insufficient evidence proving guilt beyond reasonable doubt, reinforcing the presumption of innocence.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
The prosecution must establish the guilt of the accused beyond a reasonable doubt, and the acquittal by the Trial Court was justified due to insufficient evidence.
The judgment reinforces that an acquittal can only be overturned if the appellate court finds clear evidence of error or illegality in the trial court's decision.
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