From the above finding it would clearly emerge that there was no cogent and positive evidence available to prove or establish the fact that appellants herein (A-3 and A-4) having assaulted the deceased. On the other hand the prosecution has attempted to project the case that relatives of the deceased were beaten or assaulted by the appellants herein. If it were to be so, nothing prevented the relatives of deceased, namely, PW-2 to PW-5 who had accompanied the deceased to the hospital to get themselves treated for any purported or alleged injuries sustained by them, if at all, they had received any medical treatment for said injuries. However, no evidence is forthcoming in this regard. In the absence of the same, on hypothesis conviction of the appellants cannot be sustained. (Para 9)
The prosecution has thus failed to drive home the guilt of the accused beyond reasonable doubt and we say so for the simple reason that courts below itself had found that evidence tendered by the prosecution did not clearly establish two facts namely:
(1) The appellants herein having assaulted the deceased;
(2) The alleged injuries sustained by PW-2 to 5 had remained as a bald statement without proof. (Para 11)
In the absence of any incriminating material or other corroborative evidence pointing the participation of appellants-accused in the incident, the conviction of appellants under Section 323 read with Section 34 of IPC cannot be sustained. (Para 12)
For the reasons afore-stated we allow the appeal by setting aside the Judgment and order of sentence passed by the courts below against appellants and acquit the appellants. (Para 13)
SUPREME COURT JUDGMENT
2023 STPL(Web) 71 SC
BOINI MAHIPAL AND ANR. Vs. STATE OF TELANGANA
Criminal Appeal No. 1750 of 2023-Decided on 19-7-2023
Click to See Full Text of Judgment: 2023 STPL(WEB) 71 SC
