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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
State of Rajasthan – Appellant
Versus
Narendra S/o Rakhilalji Vaid – Respondent
JUDGMENT :
1. The instant Criminal Appeal has been preferred by the appellant–State under Section 378 (iii) & (i) of the Code of Criminal Procedure, 1973, against the judgment dated 12.07.2001 passed by learned Additional District & Sessions Judge (Fast Track), Udaipur, in Sessions Case No. 92/2001, whereby the accused–respondent has been acquitted of the offences punishable under Sections 302 and 341 of the IPC.
2. As per the prosecution case, on 31.10.1999, complainant Narendra Kumar Vaid (PW-10) submitted a Verbal report at Police Station Bhinder, stating that his brother, Vishnu Kumar, had gone on a bicycle to wash his hands and mouth, and when he did not return, the complainant proceeded towards Mina Darwaja to search for him. From there, along with Prakash (PW-05), when he reached at Aam Road, Ber Talai Wali Magari, ahead of Bikhaliyon Ka Khera, he saw his brother Vishnu coming towards the field of Narendra Vaid. The accused–respondent, Narendra Vaid, was following him with a knife in his hand and inflicted two knife blows on the backside of Vishnu, causing him to fall down. When Vishnu attempted to get up and run, the accused again inflicted a knife blow on his abdomen, result
The appellate court may reverse an acquittal if it determines the trial court's findings are perverse and unsupported by credible evidence, reaffirming the reliance on direct eyewitness testimony.
Acquittal of the accused is upheld as the prosecution failed to prove guilt beyond reasonable doubt; suspicion cannot replace proof in criminal cases.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
Murder – Exaggerated devotion to rule of benefit of doubt must not nurture fanciful doubts letting guilty escape is not doing justice, according to law.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
The conviction under Section 323 IPC was overturned due to discrepancies in witness testimonies and insufficient evidence supporting the prosecution's claims.
The acquittal of the accused was upheld due to insufficient evidence and contradictions in eyewitness testimony, emphasizing the need for corroboration in criminal cases.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
principles relating to interference by the High Court in appeals against acquittal are well settled. While the High Court can review the entire evidence and reach its own conclusions, it will not int....
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