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Issues:
1. Appeal against the decision of the single judge of the High Court setting aside the acquittal of the appellants and convicting them under specific sections of the Indian Penal Code. 2. Evaluation of the reliability of witnesses and the delay in filing the complaint. 3. Consideration of the non-examination of a crucial witness, the Police Inspector. 4. Interpretation of the abatement of an appeal due to the death of the complainant. Analysis: The Supreme Court heard an appeal against the decision of the High Court convicting the appellants under sections 379/149 and 143 of the Indian Penal Code. The trial magistrate had found the appellants guilty, but the District Judge acquitted them due to concerns about the reliability of witnesses, delay in filing the complaint, and the non-examination of a crucial witness, the Police Inspector. The High Court disagreed with the District Judge's findings, emphasizing that there was no delay in filing the complaint and the non-examination of the Police Inspector did not weaken the prosecution's case. The Supreme Court highlighted the importance of the presumption of innocence of the accused and the need for palpably wrong conclusions to interfere with an acquittal. The appellate judge had deemed witnesses P.Ws. 1 to 4 as interested witnesses, raising doubts about their reliability. The Supreme Court noted that the High Court failed to consider that these witnesses were enemies of the appellants, which could impact their testimony. Additionally, the delay in filing the complaint after the alleged occurrence raised significant doubts about the prosecution's case. The prosecution's failure to satisfactorily explain the delay was considered a crucial aspect that weakened their case. The absence of the Police Inspector's testimony, a disinterested witness, was highlighted as a significant gap in the prosecution's case. The High Court's opinion that examining the inspector was unnecessary due to an alleged lack of investigation was deemed unwarranted by the Supreme Court. The failure to present this crucial witness's testimony was considered a substantial flaw in the prosecution's case. Regarding the abatement of the appeal due to the complainant's death, the Supreme Court clarified that an appeal under section 417 of the Criminal Procedure Code only abates on the death of the accused. The Court emphasized that once an appeal against an acquittal is entertained, it is the duty of the High Court to decide the case, regardless of the appellant's ability to prosecute it. The Court dismissed the argument that the introduction of sub-section (3) into section 417 overlooked the provisions of section 431, emphasizing the clear and unambiguous language of the latter. In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the District Judge's decision to acquit the appellants. The appellants were granted bail, and their bail bonds were canceled.
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