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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN, JJ.
State of Rajasthan - Appellant
Versus
Dula Ram, S/o. Shri Heera Ram and Ors. - Respondents
D.B. Criminal Appeal No. 530 of 2002
Decided On : 23-09-2024
Acquittal - Criminal Appeal - Cr.P.C. Sections 378(iii), 302/34, 498-A - The court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity for the prosecution to prove guilt beyond a reasonable doubt, which was not established.
Fact of the Case:
The case involved the death of Kasturi, who allegedly consumed poison after being harassed by her husband and in-laws. The prosecution claimed the accused administered the poison, while the defense argued there was insufficient evidence to prove their involvement.
Finding of the Court:
The court found that the trial court's acquittal was justified as the prosecution failed to establish a clear case against the accused, with no evidence of forceful administration of poison and the presence of reasonable doubt.
Issues: Whether the trial court's acquittal of the accused was justified based on the evidence presented and the legal standards for proving guilt in a criminal case.
Ratio Decidendi: The appellate court cannot overturn an acquittal unless it finds a clear error or illegality in the trial court's judgment, and the prosecution must prove guilt beyond a reasonable doubt.
Result: The appeal is dismissed.
ORDER :
1. This criminal appeal under Section 378 (iii) and (i) of the Cr.P.C. has been preferred by the appellant-State laying challenge to the judgment of acquittal dated 28.09.2001, passed by the learned Additional Sessions Judge, Fast Track, Ratangarh, Churu in Sessions Case No.46/2001 (35/1999) (State Vs. Dula Ram & Ors.), whereby the accused-respondents were acquitted of the offences under Sections 302/34 and 498 A of the Indian Penal Code.
2. The matter pertains to an incident which had occurred on 22.05.1999 and the present appeal has been pending since the year 2002.
3. Brief facts of the case, as placed before this Court by Mr. N.K. Gurjar, learned Government Advocate-cum-Additional Advocate General appearing on behalf of the appellant-State and Mr. Suresh Kumbhat appearing on behalf of complainant, are that the complainant Chunni Lal (uncle of the deceased) had filed a complaint stating that his niece Kasturi married to the accused - Mala Ram about 6 years ago. The allegations in the report are that Kasturi was harassed by her husband and in-laws which included comments regarding her complexion, dowry demand etc. The family of the deceased came to know that she was not well, and when the family members, including Chunni Lal (uncle of deceased), brother Chagan Lal, nephew Bhanwar Lal and mother of Kasturi, namely Sukhi reached at her in-laws’ house at Sri Dungargarh at about 4:00 am, they were told by Kasturi that she had been given poison by her husband, father-in-law and mother-in-law in the night. Thereafter, she was taken to Tulsi Sewa Kendra (hospital) where she started vomiting. At about 11:00 pm, she was taken back to home. After citing the incident, Kasturi was expired in front of them.
4. On the basis of the aforementioned information, an FIR was lodged on the report given by complainant Chunni Lal (PW-1) at 10.15 am on 23.05.1999 before P.S. Sri Dungargarh, District - Churu. After completion of investigation, the police filed the charge-sheet against the accused for the offences under Sections 302/34 and 498-A of the Indian Penal Code and the trial commenced accordingly.
5. During the course of trial, the evidence of 16 prosecution witnesses were recorded and 31 documents were exhibited on behalf of the prosecution; two defence witnesses were examined and 4 documents were exhibited on behalf of the accused-respondents whereafter, the accused-respondents were examined under Section 313 Cr.P.C., in which they pleaded innocence and their false implication in the criminal case in question.
6. Thereafter, upon hearing the contentions of both the parties as well as after considering the material and evidence placed on record, the learned Trial Court, acquitted the accused-respondents, vide the impugned judgment of acquittal dated 28.09.2001, against which the present appeal has been preferred on behalf of the appellant-State.
7. Learned Government Advocate-cum-Additional Advocate General appearing on behalf of the appellant-State and learned counsel appearing on behalf of complainant submit that out of the 16 witnesses examined by the prosecution, three witnesses - Shri Chunni Lal (PW-1), Smt. Sukhi (PW-2) and Shri Chhaganlal (PW-8) are eye witnesses, as they claim to have reached the spot where the deceased herself narrated the incident to them. Therefore, they argue that a full proof case is made out against the accused-respondents due to the evidence of eye witnesses. Although they are close relatives of the deceased, but still their testimonies cannot be ruled out as their presence on the spot is proved.7.1 It has been further submitted that medical evidence is clear and the postmortem report (Ex.P/11) also confirms the death of the deceased due to poison.
7.2 They also submit that the case also travels under Section 304-B of the Indian Penal Code against the accused-respondents because the death occurred within a period of 7 years of marriage and there was an allegation of dowry demand against them and thus, the ba
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 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 legal error or misjudgment by the trial court.
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 appellate court cannot overturn an acquittal unless it finds a clear error or illegality in the trial court's judgment.
The judgment reinforces the principle that an acquittal should not be overturned unless there is clear evidence of error or misjudgment by the trial court.
The judgment reinforces the principle that an acquittal should not be overturned unless there is clear evidence of guilt beyond a reasonable doubt.
The acquittal of the accused was upheld due to insufficient evidence proving guilt beyond reasonable doubt, reinforcing 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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