Appeal against acquittal: reliable related-witness evidence, medical corroboration, and motive upheld conviction for murder.

In an appeal against acquittal, interference is justified only when the acquittal is unreasonable or perverse and the record gives clear assurance of guilt. Related-witness testimony is not to be rejected merely because of relationship if it is otherwise reliable and supported by surrounding circumstances. On the evidence of the eyewitness, prompt complaint, medical evidence matching the injuries, and motive, the prosecution case was found consistent. The objections based on delay in forwarding the FIR and undigested food in the stomach were held insufficient to discredit the evidence, and the reversal of acquittal and conviction for murder with common intention were upheld.

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Issues: Whether the High Court was justified in reversing the acquittal and convicting the accused for murder under Section 302 read with Section 34 of the Indian Penal Code, 1860 on the evidence of the eyewitnesses, medical evidence and surrounding circumstances.

Analysis: In an appeal against acquittal, the appellate court has full power to reappreciate the evidence, but interference is warranted only where the acquittal is unreasonable or perverse and where the evidence gives clear assurance of guilt. The testimony of a related witness is not to be discarded merely on that ground if it is otherwise reliable and supported by surrounding material. The evidence of the father-in-law, the supporting eyewitness account, the prompt complaint, the medical evidence matching the injuries, and the motive attributed to the accused were held to be consistent with one another. The objection based on alleged delay in forwarding the FIR and the challenge founded on undigested food in the stomach were found insufficient to discredit the prosecution case.

Conclusion: The reversal of acquittal and the conviction of the accused for murder with common intention were upheld, and the appeal was dismissed.

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