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2019 (11) TMI 1759 - SC - Indian LawsMurder - offence punishable Under Sections 148, 302 and 149 Indian Penal Code - HELD THAT:- It is well established position in law that this Court, while entertaining an appeal by way of special leave Under Article 136 of the Constitution of India, ordinarily, will not attempt to reappreciate the evidence on record unless the decision of the Trial Court or the High Court is shown to have committed a manifest error of law or procedure or the conclusion reached by the Courts below is, on the face of it, perverse. Merely because another view on the same evidence is possible, that cannot be the basis to interfere with the finding of fact recorded by the Courts below much less concurrent finding of facts. The so-called deficiencies pointed out by the Appellants in the investigation or the prosecution case, are insignificant and trivial and cannot be the basis to reject the whole evidence of Bishan Singh (PW-1) and Baljit Singh (PW-2) which is corroborated by the other evidence in the form of medical reports and recovery of human blood stained soil from the spot near the hospital where Mohar Pal was assaulted by the Accused. The fact that the blood group of the human blood stained soil cannot be ascertained, can be no basis to discard that piece of evidence. Even the recovery of weapon used by Rohtas (Accused No. 1) during the commission of the offence reinforces the role and involvement of the Appellants in the commission of the crime. The quality substantive evidence on record clearly establishes the guilt of the Appellants. Even the fact that the Accused have been acquitted in the cross-cases filed with regard to the first incident which took place at 6.30 p.m. on the same evening will not take the matter any further for the Appellants. That was an independent incident whereas the finding of guilt recorded against the Appellants is concerning the incident which had taken place at 8.30 p.m. near the Government Hospital, Palwal as proved by the prosecution witnesses. In fact, the incident at 8.30 p.m. was the counter blast of the fight which had taken place between two groups at 6.30 p.m. and the previous enmity between them. The fact that there is no evidence about the previous enmity and that no evidence is produced by the prosecution in that regard, cannot be the basis to reverse the concurrent view taken by two Courts below-recording finding of guilt against the Appellants for commission of offence to assault Mohar Pal near the Government Hospital, Palwal at around 8.30 p.m. on 25th April, 1998. No interference is warranted in this appeal - Appeal dismissed.
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