Facts
On November 5, 2018, the injured complainant, Revaram, was bathing at a government well when the accused, Sundar Lal, allegedly struck him with a stone after a dispute regarding a goat drinking water.
Source reference: para. 2Revaram fell into the well, sustained injuries (including a head fracture), and was rescued by villagers.
Source reference: para. 2, 13The FIR was lodged after a delay of approximately one month.
Source reference: para. 14The Trial Court (II A.S.J. Jatara) acquitted the respondent of charges under Section 325 of the IPC, citing exaggerated testimony, unexplained delay in the FIR, and lack of physical evidence.
Source reference: para. 7, 8The State appealed this acquittal, seeking leave under Section 378(3) of the Cr.P.C.
Source reference: para. 1Issues
1. Whether the delay of one month in lodging the FIR was satisfactorily explained by the prosecution.
Source reference: para. 9, 142. Whether the testimony of the sole eye-witness (PW-1) was reliable despite material exaggerations and previous enmity.
Source reference: para. 8, 123. Whether the High Court should interfere with an order of acquittal when the Trial Court’s view is a "plausible view".
Source reference: para. 16, 18Law Applied
Section 325 of the IPC regarding Punishment for voluntarily causing grievous hurt.
Source reference: para. 5Section 378(3) of the Cr.P.C. regarding leave to appeal against acquittal.
Source reference: para. 1Principle from State of Gujarat v. Jayrajbhai Punjabhai Varu (2016), establishing that the prosecution must prove guilt beyond reasonable doubt and a view favourable to the accused must be adopted if two views are possible.
Source reference: para. 17Nikhil Chandra Mondal v. State of W.B. (2023) regarding the insufficiency of "suspicion" as proof.
Source reference: para. 17Mallappa & others v. State of Karnataka (2024), which summarized that an appellate court should not reverse an acquittal unless there is manifest illegality or perversity.
Source reference: para. 18Reasoning
The Court observed that the prosecution failed to seize or produce the weapon of offence (the stone).
Source reference: para. 11The Investigating Officer (PW-5) admitted that the complainant never showed him the stone and provided conflicting statements regarding whether he was pushed or fell while escaping.
Source reference: para. 11Other witnesses (PW-2, PW-3) were not present at the scene, leaving Revaram (PW-1) as the sole witness whose testimony was deemed unreliable due to proven "old enmity" and "exaggerated statements".
Source reference: para. 12Medical evidence from PW-6 suggested that the head injuries could have resulted from a fall from a height, supporting the possibility of an accident rather than an assault.
Source reference: para. 13The court found the unexplained one-month delay in filing the FIR fatal to the prosecution's case.
Source reference: para. 14The court reasoned that since the Trial Court’s view was a "legally plausible" interpretation of the evidence, it should not be disturbed.
Source reference: para. 18, 19Holding
The High Court held that the findings of the Trial Court were neither erroneous, illegal, nor perverse.
The court dismissed I.A. No. 17224/2022 (application for leave to appeal) and consequently dismissed Criminal Appeal No. 8065/2022.
Source reference: para. 20The acquittal of Sundar Lal was upheld as the State failed to demonstrate any illegality in the lower court's decision.
Source reference: para. 19, 20Original Court PDF
The State Of Madhya PradeshvsSundar Lal
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