IMPORTANT POINT
The appellate court must demonstrate clear error or illegality to overturn an acquittal, emphasizing the presumption of innocence.

ORDER :

1. This criminal appeal under Section 378 (3) & (1) Cr.P.C. has been preferred by the appellant-State claiming the following relief:

“It is therefore, most respectfully and humbly prayed that the leave to appeal in the present matter may kindly be granted and the appeal be entertained and accepted. It is further prayed that the order of acquittal dated 21.12.1999 passed by the learned Sessions Judge, Sirohi may kindly be quashed and set aside and the accused persons be convicted and sentenced for the offences punishable under Sections 148, 302 read with Section 149 I.P.C. accordingly.”

2. The appellant-State laid a challenge to the judgment of acquittal dated 21.12.1999 passed by the learned Sessions Judge, District Sirohi in Sessions Case No. 66/97 (State of Rajasthan Vs. Lala & Ors.), whereby the accused respondents were acquitted of the offences under Sections 148 & 302 read with Section 149 I.P.C.

3. Learned Additional Government Advocate has placed on record the status report dated 18.10.2024, which indicates that respondent No.6 Saroopa has expired.

4. Thus, this appeal is dismissed as having been abated to the extent of accused respondent No.6 Saroopa.

5. The matter pertains to an incident which had occurred in the year 1999 and the present appeal has been pending since the year 2001.

6. Brief facts of the case, as placed before this Court by learned Additional Government Advocate appearing on behalf of the appellant-State, are that on 13.08.1997 at about 3:00 AM one Jabbar Singh gave an oral information at Police Station Paldi, that in his Village Radbar Bhagli at about 8:00 or 9:00 PM, Babra and his wife Pabu came to his house and informed him that father of Babra (Jora) and his brother (Lakhia) are missing, who were beaten by rebaris of village Radbar Bhagli. At about 10:00 AM, dead bodies of Jora and Lakhia were recovered and a written report was lodged by Jabbar Singh, wherein it was stated that on 12.08.1997 in between 9:00 and 10:00 PM, he was informed by Babra and his wife Pabu that when the father of Babra (Jora), brother Lakhiya and his wife Pabu were grazing the cattle, certain persons namely Lala, Virka, Deepa, Motiya & Prabhu belonging to the village Radbar Bhagli attacked Jora and Lakhiya with axe and lathies.

7. On the basis of the aforementioned information, an FIR was registered bearing registration No.114/1997 (Ex.P-85) at Police Station Paldi and the investigation commenced accordingly. After investigation, the police filed the charge-sheet under Sections 147, 148, 149, 120-B, 201 & 302 of IPC against the accused respondents, and the trial commenced accordingly. Thereafter, learned Trial Court framed charges against the accused-respondents for the offences under Sections 148 & 302 read with 149 of IPC.

8. During the course of trial, the evidence of 24 prosecution witnesses were recorded amongst whom PW-4 (Pabu) was the eye-witness (upon whose testimony, the case of the prosecution has been raised); and certain documents were exhibited. Whereafter, the accused-respondents were examined under Section 313 Cr.P.C., in which the accused-respondents pleaded innocence and their false implication in the criminal case in question.

9. Thereafter, upon hearing the contentions of both the parties as well as considering the material and evidence placed on record, the learned Trial Court, acquitted the accused respondents, as above, vide the impugned judgment of acquittal dated 21.12.1999, against which the present appeal has been preferred on behalf of the appellant-State.

10. Learned Additional Government Advocate submits that testimony of PW-4 Pabu (eye-witness) is credible as she narrated the whole incident, wherein a particular community of rebaris attacked her father-in-law and brother-in-law due to some land dispute. He also submits that an accurate version has been given by PW-4 as weapons i.e. axe and lathies were also recovered and the same were specifically attributed as that Lala & Prabhu were having the a