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2019 (6) TMI 108 - SC - Indian LawsAcquittal of Offence - Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - dispute over the enjoinment of the road in Survey No.95 of Dhemda Village belonging to accused No.1. Complainant-Somabhai Rupabhai (PW-3) filed a civil suit in Regular Suit No.131 of 1997 for the land measuring four acres and twenty-two guntas in the Court of Civil Judge, Modasa against accused Nos.1 and 3 - HELD THAT:- Case of prosecution is that as per disclosure statement of accused Nos.1 and 2, a rifle was recovered from the house of accused No.1 which has a single barrel. Similarly, as pointed out earlier in post-mortem certificate (Ex.P-52), a double barrel gun was also recovered from the house of accused No.2. It is merely stated that there were puncture wounds. The post mortem certificate does not state as to whether those gun wounds were caused by rifle or by gun. In the absence of any definite indication as to whether those fatal wounds were caused either by rifle or by double barrel gun, the courts ought not to have held appellantaccused No.1 responsible for the fatal fire arm wounds on the body of deceased Somiben. There was darkness at the time and the place of occurrence making it difficult for the witnesses to identify the assailants. The evidence of eye-witnesses are contradictory to each other as to the firing of the fatal blow. The guilt of the accused has not been proved beyond reasonable doubt and the benefit has to be given to the accused. The conviction of appellant-accused No.1 under Section 302 IPC read with Section 34 IPC and Section 307 IPC read with Section 34 IPC and under Section 25(c) of the Arms Act is set aside and this appeal is allowed - appellant/accused No.1- Ashoksinh Jayendrasinh is ordered to be released forthwith unless his presence is required in any other case.
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