Acquittal stands where the prosecution fails to link the alleged assault to the death.

The respondent was tried under Section 302 of the Indian Penal Code for allegedly causing his wife’s death by kicking and punching her during a quarrel on 4 July 1996

The deceased’s non-cognizable complaint to an Executive Magistrate, and a later complaint by her brother-in-law, described the assault and injuries to her face

The post-mortem recorded internal head injuries, but the viscera examination could not establish the cause of death because the samples had decomposed

The trial court acquitted the respondent; the State appealed under Section 378 of the Code of Criminal Procedure, 1973

Section 378 of the Code of Criminal Procedure empowers an appellate court to review and reappreciate evidence in an appeal against acquittal, but the acquittal reinforces the presumption of innocence; if the trial court’s view is reasonably possible, the appellate court should not substitute another view (*Chandrappa v. State of Karnataka*, (2007) 4 SCC 415, quoted at para. 14; *H.D. Sundara v. State of Karnataka*, (2023) 9 SCC 581, quoted at para. 15).

The charge was under Section 302 of the Indian Penal Code

The judgment considered the deceased’s complaint as evidence of the alleged assault, but did not set out a separate legal test governing dying declarations

The deceased’s complaint supported the allegation that the respondent had assaulted her, but it also stated that she dodged a blow and struck her face against a wall

Although the post-mortem recorded internal head injuries, the viscera report did not establish the cause of death, and the Court found no proved correlation between the alleged assault and the death

In those circumstances, the trial court’s conclusion was a possible view, with no perversity warranting appellate intervention

The State’s appeal was dismissed, and the record and proceedings were directed to be returned to the trial court