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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State Of Rajasthan – Appellant
Versus
Badrilal, S/o. Ramchandra – Respondent
JUDGMENT :
1. This Criminal Appeal under Section 378 (3) & (1) of the Code of Criminal Procedure has been preferred by the appellant-State laying a challenge to the judgment of acquittal dated 23.03.1995 passed by the learned Additional District & Sessions Judge, Nimbahera in Sessions Case No. 13/94 (State of Rajasthan Vs. Badrilal & Ors.), whereby the accused-respondents were acquitted of the charges against them under Sections 302 & 302/34 IPC.
2. The matter pertains to an incident which had occurred in the year 1993 and the present appeal has been pending since the year 1995.
3. Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that on 30.10.1993, Smt. Shakku Bai was admitted in Government Hospital at Nimbahera in a burnt condition. At around 7:30 AM, one Shri Satyanarayan, the then A.S.I., Police Station Nimbahera recorded her statement. In her statement, Smt. Shakku Bai W/o Badrilal, resident of Nimbahera initially claimed that she, of her own free will, poured kerosene and burnt herself. She cited the reason therefor that her mother-in-law Nani Bai, brother-in-law Kishan and other family members had
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 appellate court upheld the trial court's acquittal of the accused due to the lack of reliable evidence and doubts regarding the credibility of witness testimonies, emphasizing that reasonable dou....
The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
The presumption of innocence strengthens upon acquittal, and an appellate court must find substantial evidence of illegality or perversity to overturn such a decision.
Point of Law : Power of an Appellate Court to review evidence in appeals against acquittal is as extensive as its powers in appeals against convictions, but that power is with a note of caution that ....
The burden of proof lies with the prosecution to prove guilt beyond reasonable doubt, and a dying declaration requires corroborative evidence to be deemed reliable.
The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.
The court upheld the principle that an accused is presumed innocent until proven guilty, emphasizing the need for compelling reasons to overturn an acquittal based on insufficient evidence.
The appellate court upheld the acquittal, emphasizing that acquittals should not be disturbed unless there is clear evidence of guilt, reinforcing the presumption of innocence.
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