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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State of Rajasthan – Appellant
Versus
Sunderlal Goplani S/o Shri Rochandmal – Respondent
JUDGMENT :
1. This criminal appeal under Section 378 (iii) and (i) of the Cr.P.C. has been preferred by the appellant-State laying a challenge to the judgment of acquittal dated 23.03.2002, passed by the learned Additional District & Sessions Judge No.3, Jodhpur in Sessions Case No.03/2002 (State Vs. Dr. Sunderlal Goplani), whereby the accused-respondent was acquitted of the offences under Sections 302, 307 & 309 of the Indian Penal Code.
2. The matter pertains to an incident which had occurred on 03.12.2001 and the present appeal has been pending since the year 2002.
3. Brief facts of the case, as placed before this Court by Mr. Deepak Choudhary, learned Government Advocate-cum-Additional Advocate General appearing on behalf of the appellant-State are that on 03.12.2001, a complaint was lodged on the Parcha Bayan by Ms. Anjori (complainant and PW-1) for an incident which was happened on 03.12.2001. In the said Parcha Bayan, the complainant – Anjori alleged that on 02.12.2001, she was sleeping with her parents in the same room. At about 5:00 am, she heard cries of her mother and when she switched on the light, she saw her mother lying on the floor in the pool of blood. Then her father
The judgment reinforces that in criminal cases, the burden of proof lies with the prosecution, and acquittal should be upheld unless clear evidence of guilt is established.
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 cannot overturn an acquittal unless it finds a clear error or illegality in the trial court's judgment.
The presumption of innocence remains paramount, and the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt.
The appellate court upheld the trial court's acquittal, emphasizing the necessity of proving guilt beyond a reasonable doubt, particularly when eyewitness testimony is unreliable.
The appellate court must demonstrate clear error or illegality to overturn an acquittal, emphasizing the presumption of innocence.
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 judgment reinforces the principle that an acquittal should not be overturned unless there is clear evidence of guilt beyond a reasonable doubt.
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