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Issues involved: Appeal against acquittal order passed by Rajasthan High Court at Jodhpur, credibility of prosecution witnesses, physical feasibility of prosecution's scenario, interference in appeal against acquittal.
Background: Complainant lodged FIR reporting incident where accused threw individuals out of a bus resulting in death and injuries. Accused were convicted by trial court but acquitted by High Court due to credibility issues with prosecution witnesses. Prosecution's Argument: Appellant's counsel argued that injured eye witnesses' evidence should not have been discarded by High Court. Accused's Argument: Accused's counsel supported High Court judgment, citing doctor's statement on physical feasibility of prosecution witnesses' scenario. Appellate Court's Role: Appellate court can review evidence in acquittal order, interference allowed if substantial reasons exist. Various cases highlighted emphasizing the need for justifiable interference. Legal Principles: Chandrappa case outlined appellate court's powers in appeal against acquittal, emphasizing full power to review evidence without limitations. Double presumption of innocence in favor of accused in case of acquittal. High Court's Decision: High Court found prosecution version not entirely believable, discrepancies in witness statements regarding cause of death. Doctor's opinion on physical feasibility considered. Appellate court declined to interfere as High Court's view was not deemed perverse. Conclusion: Appeal dismissed, High Court's decision upheld due to lack of substantial reasons for interference.
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