PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State of Rajasthan – Appellant
Versus
Madan Lal S/o Dhanna Ram – 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 09.05.1996, passed by the learned Additional Sessions Judge, Bali, District - Pali in Sessions Case No.17/1995, whereby the accused-respondents were acquitted of the offence under Section 302/34 of the Indian Penal Code.
2. The matter pertains to an incident which had occurred on 17.02.1995 and the present appeal has been pending since the year 1995.
3. Brief facts of the case, as placed before this Court by Mr. Sameer Pareek, learned Public Prosecutor appearing on behalf of the appellant-State are that on 17.02.1995, in the evening at about 08:00 p.m. in village Kothar, Bhaga Ram was attacked by the present accused-respondents Mangi Lal and Madan Lal with an axe and knife and that injuries were caused on his neck, chest and rest of the body parts, which were dangerous to life and due to the said injuries, he passed away. It was reported that Smt. Rambha Devi, mother of the deceased and Smt. Sukhi, wife of the deceased saw the incident and they stated that the injuries were caused by the accused-respondents.
4.
Mallappa & Ors. Vs. State of Karnataka (Criminal Appeal No. 1162/2011
Babu Sahebagouda Rudragoudar and Ors. Vs. State of Karnataka (Criminal Appeal No. 985/2010
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 presumption of innocence remains paramount, and the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt.
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 guilt beyond a reasonable doubt.
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 appellate court must demonstrate clear error or illegality to overturn an acquittal, emphasizing the presumption of innocence.
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.
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.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.