MANOJ KUMAR GARG
Surendra Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. The appellant complainant has filed the present Criminal Appeal under Section 372 Cr.P.C against the judgment dated 31.07.2023 passed by learned Sessions Judge, Jalore in Sessions Case NO. 82/2023 whereby the accused respondents No. 2 & 3 have been acquitted from the offences under Section 341, 323/34 IPC.
2. Brief facts of the case are that the appellant complainant filed a written report before the SHO, P.S. Sayla stating therein that on 25.07.2017, in the evening, his father and younger brother were at the field where a tree had fallen. They saw accused respondents cutting the tree by axe. On protesting, the accused respondents became annoyed and accused Khim Singh attacked his father with iron rod and then beaten him with fists and blows, causing injuries.
3. On this report a FIR No. 100/2017 was registered against the respondents for offence under Sections 447, 323 read with 34 IPC and investigation commenced. After investigation, challan was presented against the respondents No. 2 & 3.
4. The trial Court framed charge against the accused respondents for offence under Sections 341, 323/34 IPC. The accused respondents denied the charge and claimed
Mrinal Das v. The State of Tripura 2011 (9) SCC 479 decided on 5.09.2011
State of Rajasthan v. Shera Ram alias Vishnu Dutta (2012) 1 SCC 602
The presumption of innocence is strengthened by acquittal, and appellate courts can only interfere if the trial court's view is unreasonable or if guilt is established beyond a reasonable doubt.
An acquittal can only be overturned with compelling reasons; the presumption of innocence remains strong unless the trial court's decision is palpably erroneous.
The court upheld the acquittal due to insufficient evidence, emphasizing the need for compelling reasons to overturn such judgments.
An acquittal strengthens the presumption of innocence, and an appellate court can only overturn such a judgment if it finds that the trial court's conclusion was unreasonable or unsupported by eviden....
An acquittal should not be disturbed unless there are compelling reasons or clear errors in the trial court's judgment.
An acquittal can only be overturned if the trial court's decision is unreasonable or contrary to the evidence presented.
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 ....
Acquittals should not be overturned unless compelling reasons are shown; the presumption of innocence is reinforced by an acquittal.
The presumption of innocence in favor of the accused is reinforced by the trial court's acquittal, and appellate courts should only interfere with an order of acquittal in exceptional cases with comp....
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