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2019 (4) TMI 2024 - SC - Indian LawsMurder - demand of Dowry - High Court has not examined the reasons on which the order of acquittal was passed - Sections 498A, 307 read with 149 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961 - HELD THAT:- The High Court has not committed any error in holding the Appellant - original Accused No. 1 guilty for the offence punishable Under Section 302 of the Indian Penal Code. In the present case, there is a dying declaration given by the deceased which has been proved and supported by the independent witnesses, metropolitan magistrate (PW28), it has been established and proved by examining the medical officer and even the medical officer certified that the patient was conscious and coherent and fit state of mind to give the statement. The dying declaration involving the Appellant came to be established and proved by the prosecution, by examining the doctor as well as the metropolitan magistrate who record the dying declaration. Despite the above overwhelming evidence in the form of medical evidence as well as the dying declaration and the deposition of the metropolitan magistrate, the learned trial Court discarded the same on some minor contradictions/omissions - The Appellant - original Accused No. 1 was last seen in the house and immediately on the occurrence of the incident he ran away. Thus, it is opined that the approach of the trial Court was patently erroneous and the conclusions arrived at by it were wholly untenable. Whether solely on the ground that the High Court has not examined the reasons on which the order of acquittal was passed and convicted the Accused by interfering with the order of acquittal passed by the learned trial Court, the same is further required to be interfered with by this Court? - HELD THAT:- An identical question came to be considered before this Court in the case of UMEDBHAI JADAVBHAI VERSUS THE STATE OF GUJARAT [1977 (12) TMI 149 - SUPREME COURT]. In the case before this Court, the High Court interfered with the order of acquittal passed by the learned trial Court on re-appreciation of the entire evidence on record. However, the High Court, while reversing the acquittal, did not consider the reasons given by the learned trial Court while acquitting the Accused. Confirming the judgment of the High Court, this Court observed and held that the High Court would give due importance to the opinion of the Sessions Judge if the same were arrived at after proper appreciation of the evidence. This Rule will not be applicable in the present case where the Sessions Judge has made an absolutely wrong assumption of a very material and clinching aspect in the peculiar circumstances of the case. The approach of the trial court was patently erroneous and the conclusions arrived at by it were wholly untenable - the interference by the High Court in the appeal against the acquittal of the Appellant and recording the finding of his conviction for the offence Under Section 302 of the Indian Penal Code, on consideration of the evidence, is justified. The judgment under appeal does not warrant any interference. Appeal dismissed.
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