Facts
The State appealed against the judgment dated December 6, 1999, passed by the Additional Sessions Judge, Gondal, which acquitted four accused persons of murder (Section 302 IPC) and attempted murder (Section 307 IPC)
Source reference: p. 2The prosecution alleged that on August 25, 1998, the accused, motivated by an election grudge, assaulted the deceased (Chanubha Ravubha Zala) with a sword stick and knives
Source reference: p. 2-3The case relied primarily on the testimony of the de facto complainant (PW-5) and an alleged eyewitness (PW-19)
Source reference: p. 5-6The trial court acquitted the respondents due to material contradictions in ocular evidence and inconsistencies in medical findings
Source reference: p. 7Issues
1. Whether the trial court committed a manifest error or perversity in its appreciation of evidence warranting an interference with the order of acquittal
Source reference: p. 122. Whether the testimonies of PW-5 and PW-19 meet the standard of "sterling quality" required to sustain a conviction based on eyewitness accounts
Source reference: p. 15, 21Law Applied
Section 378 of the CrPC regarding acquittal appeals, emphasizing the "double presumption" of innocence where an acquittal reinforces the initial presumption
Source reference: p. 10Babu Sahebagouda Rudragoudar v. State of Karnataka (2024), which mandates that appellate courts should not disturb findings if two reasonable views are possible
Source reference: p. 9-11"sterling witness" doctrine from Rai Sandeep @ Deepu v. State (NCT of Delhi) (2012)
Source reference: p. 15"chance witness" principles from Rajesh Yadav v. State of U.P. (2022)
Source reference: p. 22Reasoning
PW-5 (complainant) is considered a "shaky" witness because his testimony contradicted the FIR—specifically omitting respondent No. 1's role—and his conduct was unnatural, having failed to report the crime to anyone until the afternoon
Source reference: p. 17-18PW-19’s presence was deemed highly doubtful as he was not mentioned in the FIR or by PW-5, and he remained a passive spectator despite having a close relationship with the victim
Source reference: p. 19-20The court categorized them as "chance witnesses" who failed to adequately explain their presence at 6:00 a.m.
Source reference: p. 25The medical evidence (PW-2) contradicted the ocular account, as the doctor stated the seized weapons couldn't have caused the primary injuries
Source reference: p. 26the court held that the trial court's view was a "plausible view" that did not suffer from patent perversity
Source reference: p. 27Holding
The High Court dismissed the appeal and confirmed the acquittal of all respondents
The prosecution failed to prove the guilt of the accused beyond a reasonable doubt, as the eyewitness testimonies lacked the "sterling quality" necessary to displace the presumption of innocence
Source reference: p. 21, 28The court ordered the cancellation of bail bonds and the discharge of sureties
Source reference: p. 28Original Court PDF
STATE OF GUJARATvsAJITSINH NAVALSINH ZALA
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