STATE OF GUJARAT Vs. KHUSHALI BABU NAIK

JUDGEMENT

(1.) THIS appeal under section 378 of the Criminal Procedure Code, at the instance of the State, is against the common judgement and order of acquittal dated 29.07.1991, passed by the learned Additional Sessions Judge, Ahmedabad.

(2.) THE facts in brief as emerging from the record are that the deceased, Dalpatram Nikam and original accused No.1, Khushalibabu Nayak, were serving in the Railway Protection Force and were residing in the same locality. It is the case of the prosecution that on 27th June, 1989, there was some quarrel between children of the deceased Dalpat and original accused No.1, however, the matter was compromised. Then on the next day, i.e. on 28.6.1989, when the deceased Dalpat came back from his duty and while he was having breakfast with his family, the original accused No.1 called the deceased outside his house and thereafter, there were hot arguments between both of them and on account of that original accused No.1 took an iron pipe and attacked the deceased Dalpat. On account of that, the deceased fall down in the ground and started shouting for help. At that time, accused Nos. 2 to 4 also arrived there by holding the weapons like stick, axe etc. and the children and wife of the deceased were also came there. Then, the accused persons started beating them also and caused injuries to them. Later on, the injured Dalpat succumbed to his injuries. Thereafter, an FIR came to be lodged in regard to the said accident.

(3.) AT the outset it is required to be noted that the principles which would govern and regulate the hearing of appeal by this Court, against an order of acquittal passed by the trial Court, have been very succinctly explained by the Apex Court in a catena of decisions. In the case of M.S. Narayana Menon @ Mani Vs. State of Kerala & Anr, reported in (2006) 6 S.C.C. 39, the Apex Court has narrated about the powers of the High Court in appeal against the order of acquittal. In para 54 of the decision, the Apex Court has observed as under: