2022 Supreme(Online)(Guj) 11714

GUJARAT HIGH COURT
STATE OF GUJARAT – Appellant
Versus
SIDHDHRAJSINH ASUBHA GOHIL – Respondent
CR.A 1674 2021

The prosecution has the burden of proving the intention or knowledge of the accused persons to commit murder, as required under section 307 of the IPC. In an appeal against acquittal, the appellate court should not interfere with the trial court's findings unless they are perverse, contrary to the material on record, palpably wrong, manifestly erroneous, or demonstrably unsustainable.

Headnote:

ACQUITTAL - SECTION 307 IPC - INTENTION OR KNOWLEDGE - OFFENCE UNDER SECTION 307 IPC - BURDEN OF PROOF ON PROSECUTION - SCOPE OF SECTION 378 OF THE CODE OF CRIMINAL PROCEDURE - APPEAL AGAINST ACQUITTAL - POWERS OF APPELLATE COURT - PRESUMPTION OF INNOCENCE - DOUBLE PRESUMPTION OF INNOCENCE - ADVANTAGE OF SEEING WITNESSES - POSSIBLE AND PLAUSIBLE VIEW - ARTICLE 21 OF THE CONSTITUTION OF INDIA - ROLE OF APPELLATE COURT IN DEALING WITH ACQUITTAL - HIERARCHY OF COURTS - CONSTRAINTS OF COURTS - DIFFERENT DECISIONS BY DIFFERENT COURTS - FOUNDATIONAL COURT - FREEDOM OF MIND - AVOIDANCE OF INDICTMENT AND CONDEMNATION - CAUTION BY APPELLATE COURT.

Fact of the Case:

The State of Gujarat filed an application for leave to appeal against the acquittal of the respondents-accused persons in a case involving charges under sections 307, 504, 506(2), and 114 of the Indian Penal Code, as well as section 135 of the Gujarat Police Act. The acquittal was based on the benefit of doubt given to the accused persons by the trial court.

Finding of the Court:

The High Court, after examining the evidence on record and the findings of the trial court, found that the prosecution had failed to prove the intention or knowledge of the accused persons to commit murder, as required under section 307 of the IPC. The court also noted that the trial court's findings were reasonable and plausible and could not be disturbed.

Issues: 1. Whether the prosecution had proved the intention or knowledge of the accused persons to commit murder, as required under section 307 of the IPC. 2. Whether the trial court's findings of acquittal were perverse, contrary to the material on record, palpably wrong, manifestly erroneous, or demonstrably unsustainable.

Ratio Decidendi: 1. The prosecution has the burden of proving the intention or knowledge of the accused persons to commit murder, as required under section 307 of the IPC. 2. In an appeal against acquittal, the appellate court should not interfere with the trial court's findings unless they are perverse, contrary to the material on record, palpably wrong, manifestly erroneous, or demonstrably unsustainable. 3. The presumption of innocence is strengthened in the case of an acquittal, and the appellate court must exercise caution before reversing the acquittal.

Final Decision: The High Court dismissed the application for leave to appeal and the accompanying criminal appeal, upholding the trial court's acquittal of the accused persons.