The prosecution must prove guilt beyond a reasonable doubt, and any reasonable doubt benefits the accused, leading to the upholding of acquittal.

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE J. C. DOSHI)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 30.6.1999 passed by the learned Addl. Sessions Judge, Bharuch in Sessions Case No.170 of 1997, whereby the respondent accused came to be acquitted for the offences under section 302 , 323 and 114 of Indian Penal Code r/w section 135 of the Bombay Police Act, the appellant – State has preferred present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. Brief facts of the case are that the complainant Ramsing Thakordin Yadav lodged his complaint on 11-5-1997, wherein he stated that he is doing driving work and also business of Labour Contractor. He has a friend at Ragujali and his name is Ramfer Uttam Yadav, who belongs to U.P. As they are friends, he moves around with him. At about half past four o’clock in the evening on 11-5-97, the complainant and Ramfer left to roam about Panoli GIDC and Ravindra Yadav and Hanuman Ramlakhan Yadav met them over there. At that time, Ramfer told them that Mukesh Trilokilal Shrivastav, residing at P. C. Textile, had made Ramfer to make worthless expenditure of Rs. 3000/- in a marriage of one relative of Ramfer. Let us persuade him to give back the money. As he stated this, all four of them went to P. C. Company. At about quarter past five o’clock in the evening, Kamleshsing Chhotaksing Rajput, Buvasinh Rajput – whose father’s name is not known to him, Mukesh Trilokilal Shrivastav and Keshav Chudhari @ Rama Chaudhari, all of them were present in the room of P. C. Textile Company. At that time, Ramfer told to Keshav Chaudhari @ Rama Chaudhari that you and your other persons have got him to make worthless expenses of three thousand rupees in the marriage of my relative and that those monies should be returned. As such thing was stated, Keshav Chaudhari and other persons with him got provoked. Hence, altercation took place among them and they started using abusive words. At that time, Keshav Chaudhari was armed with iron Tommy. Mukesh Trilokilal was armed with a knife and Kamleshsinh Chhotak was armed with thick iron plank and Buvasinh Rajput was armed with a rampuri knife. They rushed immediately and abused Ramfer. Keshav Chaudhari inflicted two to three blows on the head using the iron Tommy he was armed with and one blow was inflicted on leg. Kamleshsing Rajput inflicted blow of the plank on the face. As Mukesh Trilokilal tried to inflict blow to Ramfer with the knife he was armed with, Ramfer caught hold of it. Therefore, Ramfer sustained knife injury on palm. At that time, Buvasing Rajput inflicted a slap on the face of Ramfer using the rampuri knife he was armed with. When the complainant intervened to rescue, Keshav Rama Chaudhari inflicted two to three blows on the back of the complainant using the Tommy he was armed with. At that time, Ravindra and Hanuman Ramlakhan Yadav intervened to rescue him. Thereafter, Keshav, Mukesh, Kamleshsing and Buvasinh threw their weapons at the spot and went away. When the complainant checked, Ramfer had died. Thereafter, the complainant called his relative who was staying at Dayavan Hotel and went to lodge complaint. Detailed complaint in regard was lodged before the Police Inspector of Ankleshwar.

3. In pursuance of the complaint lodged by the complainant with the Ankleshwar Police Station for the offence under sections 302 , 323 and 114 of the IPC , the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of the muddamal and obtained FSL report for the purpose of proving the offence. After having found su