The Gujarat High Court highlighted the significance of substantial evidence in proving a murder case. Then the Division Bench comprising Justices SH Vora and Rajendra Sareen upheld an order of acquittal passed by the Sessions Court in a criminal case under Sections 143, 147, 148 and 302 of the Indian Penal Code and Sec 135(1) of the Bombay Police Act.
The Bench observed that the deceased victim had a sister who was eve teased five years before the murder of the victim which had led to a heated exchange of words and eventually led to the death of the victim. Per the Prosecution, all the five accused persons had formed an unlawful assembly with a common intention to murder the deceased. They were also armed with lathis and pipes and delivered blows to the victim. Consequently, he sustained severe injuries. The victim was admitted to the hospital where he was declared dead.
The Court cited, “when substantial evidence is lacking to connect the respondents accused with the crime or not brought on record sufficient evidence to establish the guilt, other corroborative evidence loses its significance or needs any consideration to upset the findings and therefore, there is no need to overburden the judgment anymore or needs any discussion of such evidence.”
The Bench also observed that a large number of Prosecution witnesses had turned hostile. A child witness had earlier given the names of the assailants and informed the assailants of the Complainant. However, during the deposition, she deposed that she had not given any names and had not seen the offence. The child also admitted that when the first pipe blow was inflicted on the head of his father, the deceased, he ran away crying.
The trial court had, therefore, refused to believe the child witness as an eyewitness. There was also the absence of other independent corroborative evidence which could prove the Respondents’ guilt beyond a reasonable doubt. The incident of eve teasing cited by the Prosecution as a motive for committing the offence was found illogical by the Trial Judge which was affirmed by the High Court.
Read More: Gujarat HC Asserts Murder Conviction By Chain Of Cogent Circumstances
