J.N.BHATT - (1.)In our opinion, the main question is - should the doctrine of benefit of doubt to the accused being one of the cardinal principles of criminal jurisprudence be permitted to be elevated to the point of charter of an acquittal and it is of the important questions to be adjudicated upon in this acquittal appeal by the State, under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Code') against the order of acquittal against the respondent-accused recorded by the learned Additional Sessions Judge, Jamnagar in Sessions Case No. 11 of 1990, on 21-7-1990.
(2.)With a view to appreciating the merits of this acquittal appeal and the challenge against it, let us first have a skeleton of material facts of the prosecution case which has given birth to this appeal.
(3.)The respondent is the original accused, hereinafter referred to as 'the accused' for the sake of convenience. The accused was charged, at Ex. 2, on 3-5-1990, by the trial Court in Sessions Case No. 11 of 1990 for having committed offences punishable under S.302 and 452 of the I.P.C., on the ground that he committed criminal trespass intentionally being prepared to commit murder of deceased Anandkunverba and after entering the house of the deceased, on 19-9-1989 at about 7-30 a.m., inflicted various blows with knife on various parts of the body including neck, throat and chest and committed her murder. Upon this charge, the accused came to be tried as he pleaded not guilty.