In an appeal against acquittal, the appellate court should not interfere if the trial court's conclusion is a possible view based on the evidence, particularly when medical evidence establishing a natural cause of death outweighs unreliable eyewitness testimony.

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 31.07.2001 passed by the learned Additional Sessions Judge, Ahmedabad Rural in Sessions Case No.127 of 1996, whereby the respondents-accused came to be acquitted for the offences punishable under Sections 143, 147, 148, 149, 302, 323 and 504 of the Indian Penal Code and Section 135(1) of the Bombay Police Act, the appellant – State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. The brief facts leading to the filing of the present appeal are as under:

2.1. The complainant, who is the nephew of the deceased, lodged a complaint alleging that on 28.02.1996 at about 21:00 hours, while proceeding with the deceased and his wife to attend a condolence at a relative's place, a dispute arose over parking of a vehicle obstructing the path near bungalow No.64 in K.K. Nagar Society, Ghatlodiya, Ahmedabad. It was alleged that the respondents assaulted the deceased with fists and blows, and respondent No.1 struck the deceased on the head with a stone, leading to injuries from which the deceased succumbed. The complainant and the deceased's wife also claimed to have been assaulted. The complaint was registered under the aforementioned sections at Ghatlodiya Police Station, bearing CR No.I-70/1996. After investigation, a charge sheet was filed before the Chief Judicial Magistrate, Ahmedabad Rural, registered as Criminal Case No.1796/1996.

2.2. As the Chief Judicial Magistrate lacked jurisdiction to try the offence under Section 302 IPC, the case was committed to the Sessions Court, Ahmedabad Rural vide order dated 05.08.1996 and registered as Sessions Case No.127/1996 for trial. Upon conclusion of the prosecution evidence, the learned Sessions Court put various incriminating circumstances appearing in the evidence to the respondent-accused for their explanation under Section 313 of the Code. In their further statements, the respondent-accused denied all the incriminating circumstances as false and stated that they are innocent and have been falsely implicated. After examining the oral and documentary evidence and the submissions from both sides, the learned Sessions Court recorded a finding in favour of the respondent-accused and acquitted them of all charges.

3. We have heard the learned advocates for the respective parties and carefully examined the oral and documentary evidence adduced before the learned Sessions Court. During the course of the trial, the prosecution examined a total of 11 witnesses. The details of the oral and documentary evidence are as under:

~:: Oral Evidence ::~

~:: Documentary Evidence ::~