TMI Blog2002 (3) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... e Code of Criminal Procedure read with Order XXI Rules 12 to 29 of the Supreme Court Rules, 1966. According to the prosecution there was a dispute between Amarnath (deceased) and Ram Singh, appellant with respect to four mango trees grown on Khasra No.212 situated at Village Sarai. Litigation was pending between both the parties and police had registered several cases under Sections 147 and 145 of the Code of Criminal Procedure. According to the FIR recorded on the statement of PW22 Jagdish that he along with his family members was watching TV at his house. Amarnath and Hari Ram were also there. When he was about to start his meals, they heard the cries of Bachao-Bachao (save-save) raised by Surender. They saw all the 16 accused persons assaulting Surender with lathis, Dhariya, Khartaliya and Pata. When Hari Ram went to intervene, the accused attacked him. Similarly when Amarnath went forward he was also assaulted. Ram Singh instigated other accused persons to finish Amarnath saying that as he was responsible for everything, he should be finished today. Thereafter Ram Singh, Bhagwan Singh, Sardar Singh, Roop Singh and Dhyansingh attacked Amarnath with lethal weapons in their p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clear that the accused persons were the aggressors. After critically and minutely examining the evidence on record, the High Court found that the presence of eye-witnesses, namely, Kiran (PW7), Mukesh (PW12) and Jagdish (PW22) cannot be doubted. In this regard the court held: A striking feature of this case is that one of the accused Sardarsingh lodged a report Ex.D-5 at 11.30 p.m. that 4 persons i.e. Amarnath, Jagdish, Surendra and Hariram were assaulting Bhagwansingh and Roopsingh. Even here Jagdish witness was shown present and there was no mention of Ramsingh accused. Then in cross examination to these three eye-witnesses the suggestions have been that the deceased and the witnesses along with others assaulted the accused at the house of Ramsingh. The trial court has ignored this trend of cross examination on behalf of the accused in appreciating whether the witnesses were present at the scene of violence. In the facts and circumstances of a given case, the trend of cross-examination by defence or prosecution witness can provide support to the inference if some accused and witnesses were present at the scene of crime. The most striking feature is the fact that such a re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arriage of justice is avoided. A miscarriage of justice which may arise from the acquittal of guilty is no less than from the conviction of an innocent. In a case where the trial court has taken a view ignoring the admissible evidence, a duty is cast upon the High Court to reappreciate the evidence in acquittal appeal for the purposes of ascertaining as to whether all or any of the accused has committed any offence or not. Probable view taken by the trial court which may not be disturbed in the appeal is such a view which is based upon legal and admissible evidence. In the instant case the trial court acquitted the respondents by not relying upon the testimony of three eye- witnesses, namely, Kiran (PW7), Mukesh (PW12) and Jagdish (PW22) on considerations which apparently appeared to be extraneous. Such findings of acquittal apparently are based upon erroneous views or the result of ignoring legal and admissible evidence with the result that the findings arrived at by the trial court are held to be erroneous. The High Court has ascribed valid reasons for believing the statements of those witnesses by pointing out the illegalities committed by the trial court in discarding their tes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xistence of the common object of such persons forming the unlawful assembly who had come on the spot and attacked the complainant party in consequence of which three precious lives were lost. The High Court was, therefore, justified in holding that the accused persons, involved in the occurrence, had shared the common object. When the matter was again listed for re-hearing on 19th March, 2002, Mr.Jain, learned counsel appearing for the appellants submitted that besides appellants Bhagwan Singh (A1), Dhyan Singh (A2) Datar Singh (A7), Suraj Singh (A8) and Raghunath Singh (A12), the other accused cannot be convicted or sentenced as they have not been named by the witnesses in their statements recorded at the trial. A faint effort was also made to show that the names of all the accused persons were not mentioned in the FIR which justify the acquittal of accused persons other than A1, A2, A7, A8 and A12. Upon analysis of the record, we do not find any substance in the submission of the learned counsel for the appellants. Names of all the accused persons are mentioned in FIR (Exhibit P-77) which was lodged by Jagdish (PW22). It is mentioned in the FIR that when after hearing the voic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt recorded on 19.2.1987, stated that when I reached near home, I heard a brawl from the side of Jagdish's house. I left the cart to see it. When I saw from near the house of the accused Bhagwan, the accused persons coming from the side of Laxman Patel's house were going to the side of Amarnath's house. In front of my eyes, Hariram fell down in front of Laxman Patel's house. The assailant had wooden objects, Khiralas and Pattas, they were hitting with them. Amarnath was seen collapsing near Narmada's house. Then, the accused persons started pelting stones on my side. One stone hit me on my right shoulder. Then I ran home . In view of cogent, reliable and confidence inspiring testimony of PWs 7, 12 and 22, it cannot be said that the names of all the accused persons were not mentioned in the FIR which entitled some of them to be acquitted. The High Court has rightly found that the names of all the accused persons were mentioned in the FIR and repeated by the witnesses in their depositions made in the trial court. From the questions put in cross-examination, it also transpires that the accused persons never doubted the factum of their names being mentioned by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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