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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State of Rajasthan – Appellant
Versus
Bhanwar Singh, S/o. Ujjain Singh – Respondent
ORDER :
1. This criminal appeal under Section 378 Cr.P.C. has been preferred by the appellant-State laying challenge to the judgment of acquittal dated 28.02.2001, passed by the learned Additional District & Sessions Judge, Rajgarh, Churu in Sessions Case No.23/1998, whereby the accused-respondent was acquitted of the offences under Sections 302, 120-B and 201 of the Indian Penal Code.
2. The matter pertains to an incident which had occurred on 04.02.1998 and the present appeal has been pending since the year 2001.
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 in the village Bhuwadi, there was a roadways bus which was coming every day took halt at night. The Driver of the bus namely Bhanwar Singh (respondent-accused), who is the resident of Bangdu stayed in the village at the residence of one Mangtu along with the conductor of the Bus. The complainant alleged that one month before the complaint on the day of Makar Sakranti, a dispute occurred between Santro Devi W/o Om Singh, resident of their village and his brother Jhabar Ram with the re
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.
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 cannot overturn an acquittal unless it finds a clear error or illegality in the trial court's judgment.
The judgment reinforces that an acquittal can only be overturned if the appellate court finds a clear error in the trial court's assessment of evidence.
The court upheld the acquittal of the accused due to insufficient evidence and unreliable eyewitness testimonies, emphasizing the necessity of proving guilt beyond a reasonable doubt.
The presumption of innocence remains paramount, and the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt.
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.
The appellate court must demonstrate clear error or illegality to overturn an acquittal, emphasizing the presumption of innocence.
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
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