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2021 (5) TMI 1006 - SC - Indian LawsJurisdiction - reversal of acquittal passed by High Court - whether in the facts and circumstances of the case, the High Court is justified in interfering with the order of acquittal passed by the learned trial Court? - HELD THAT:- The prosecution witnesses have fully supported the case of the prosecution, more particularly PW2 & PW4 and they are found to be trustworthy and reliable, non-examination of the independent witnesses is not fatal to the case of the prosecution. Nothing is on record that those two persons, namely, Shiv Shankar and Bhagwati Prasad as mentioned in the FIR reached the spot were mentioned as witnesses in the chargesheet. In any case, PW2 & PW4 have fully supported the case of the prosecution and therefore non-examination of the aforesaid two persons shall not be fatal to the case of the prosecution. A suggestion was put to him in the cross-examination that at the time of arrest the Accused Murlidhar Pathak did not receive any injury, however, the same has been specifically denied that it is not true that he did not receive injury at the time of his arrest. Similar suggestions were made to other witnesses and the same were denied. Therefore, as such, it cannot be said that the prosecution has failed to explain the injury on the said Accused. Even the aforesaid aspect has been considered in detail by the High Court and the said statement has been appreciated by the High Court on re-appreciating the entire evidence on record, more particularly the medical evidence and even the deposition of the doctors examined by the prosecution as well as by the defence. When the High Court has come to the conclusion that the findings recorded by the learned trial Court while acquitting the Accused were perverse and even contrary to the evidence on record and/or misreading of the evidence, the High Court has rightly interfered with the judgment and order of acquittal passed by the learned trial Court and has rightly convicted the Accused. In the present case, the Appellant-original Accused No. 4 was specifically named right from the very beginning in the FIR. He has been attributed the specific role. The same has been established and proved from the evidence of PW4 (even if the deposition of PW2 is for the time being ignored). No error has been committed by the High Court in interfering with the judgment and order of acquittal passed by the learned trial Court - there are no reason to interfere with the impugned judgment and order passed by the High Court reversing the acquittal and convicting the Accused. Appeal dismissed.
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