Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2018 (6) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 1839 - SUPREME COURTCommon intent of committing murder - sustaining grievous injury as a result of assault by the Appellant - acquittal of the accused - HELD THAT:- It is by now well settled that the Appellate Court hearing the appeal filed against the judgment and order of acquittal will not overrule or otherwise disturb the Trial Court's acquittal if the Appellate Court does not find substantial and compelling reasons for doing so. If the Trial Court's conclusion with regard to the facts is palpably wrong; if the Trial Court's decision was based on erroneous view of law; if the Trial Court's judgment is likely to result in grave miscarriage of justice; if the entire approach of the Trial Court in dealing with the evidence was patently illegal; if the Trial Court judgment was manifestly unjust and unreasonable; and if the Trial Court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of the ballistic expert etc. the same may be construed as substantial and compelling reasons and the first appellate court may interfere in the order of acquittal. The High Court, while convicting the Appellant has confirmed the judgment of acquittal passed in favour of the Accused Nos. 2 to 5. Their acquittal as confirmed by the High Court is not questioned by the State before this Court. Thus, the judgment of the High Court acquitting Accused Nos. 2 to 5 has attained finality. Therefore, it is clear that the Trial Court and the High Court have, on facts, not believed the case of the prosecution in respect of the assault by the Accused Nos. 2 and 3 - Absolutely no material is found against the Appellant herein to convict him for the offences Under Section 302 Indian Penal Code inasmuch as he had not played any role in the death of the two deceased. In addition to the same, both the Courts have, on facts concluded that there was no common intention on the part of the accused, in commission of crime. The Appellant is acquitted of the offence punishable Under Section 302, Indian Penal Code. Consequently, the judgment of the High Court convicting him for the said offence stands set aside - judgment passed by the High Court convicting the Appellant for the offence Under Section 326 Indian Penal Code and sentencing him for imprisonment of 7 years stands confirmed and is imposed a fine of Rs. 10,000/-. In default of deposit/payment of fine (if not already deposited) within eight weeks from today, the Appellant shall undergo imprisonment for two years additionally. The fine, if recovered, shall be paid to PW. 23 (informant-Honnamma) as compensation - Appeal allowed in part.
|