TMI Blog1998 (5) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... ns */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;} <![endif]--> M.K. MUKHERJEE, SYED SHAH MOHAMMED QUADRI, JJ. JUDGMENT QUADRI, J. In this statutory appeal under Section 379 Cr. P.C. accused 1 to 3 in Sessions Case No. 154 of 1984 on the file of the 1st Additional Sessions Judge, Trivandrum, are the appellants. They assail the validity of the judgment of June 8, 1989 passed by a Division Bench of Kerala High Court in Criminal Appeal No. 87 of 1986 setting aside their acquittal by the trial court and convicting and sentencing them as follows: under Section 302 read with Section 34, I.P.C.- imprisonment for life; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A-9, A-19 and A-20 attempted to beat PWs 3,4 and 5. A-6 and A-19 beat PW-3 with sticks A-10 to A-15 threw bricks at PW 1 and others whereas A-16 to A-18 attempted to beat PW-1 and others. Nanukuttan and P.W. 1 were taken to the Medical College Hospital, Trivandrum where nanukuttan was declared dead at about 11.15 a.m. In the Medical College Hospital PW- 1, PWs 2 and 4 were given treatment. PW-14, the doctor, examined PWs 1,2 and 4 and issued wound certificates Ext. P- 3, P-4 and P-5 respectively. PW-19 , another doctor, conducted the post mortem examination of Nanukuttan, the deceased, the issued post-mortem certificate Ext. P-9. To prove its case the prosecution examined PWs-1 to 22, marked Exts. p-1 to P-17 and got M.O.S. 1 to 7 identified. The accused marked Exts. D-1 to D-11 and XI. The accused denied the charges and claimed to be tried. On considering the evidence on record, the trial court acquitted all the twenty two accused by its judgment dated February 22, 1985. The State appealed against that judgement and confined its submissions to accused A-1 to A-3. The High Court having considered the evidence on record found A-1 to A-3 guilty of various offences, convicted a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecisions here; suffice it to refer to a recent judgement of this Court in Ramesh Babulal Doshi vs. State of Gujarat (1996) 9 SCC 225, on which reliance is placed by MR. Lalit. In that case one of us (Justice Mukherjee) speaking for the Court restated the principles as follows: This Court has repeatedly laid down that the more fact that the trial court can be legitimately arrived at by the appellate court on reappraisal of the evidence cannot constitute a valid and sufficient ground to interfere with an order of acquittal unless it comes to the conclusion that the entire approach of the trial court in dealing with the evidence was patently illegal or the conclusions arrived at by it were wholly untenable. While sitting in judgment over an acquittal the appellate court is first required to seek an answer to the question whether the findings of the trial court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellate court answers the above question in the negative the order of acquittal is not to be disturbed. conversely, if the appellate court holds, for reasons to be recorded, that the order of acquittal cannot at all be sustained in view of any o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned injuries at 10.45 a.m. of 21.4.1983? (3) Whether PWs 2 and 4 sustained injuries soon after the occurrence at 10.45 a.m. of 21.4.1983? (4) Whether the prosecution has succeeded in proving a conspiracy punishable under Section 120B of the I.P.C. ? (5) Whether the prosecution succeeded in proving the charge against A21 to A23? (6) Whether the prosecution evidence has proved beyond reasonable doubt that offences under sections 143,147,148 and 149 of the I.P.C. have been committed by A1 to A20? (7) Whether the prosecution evidence has proved beyond reasonable doubt that Nanukuttan had a homicidal death? (8) Whether the prosecution evidence has proved beyond reasonable doubt the commission of the offences punishable under sections 302, 307 and 324 of the I.P.C. and the offence under Section 3 of the Explosive Substances Act, 1908? On point Nos. 1 to 3, the trial court recorded findings in the affirmative, that is, in favour of the prosecution and against the accused; on point Nos. 4,5, 6,7 and 8 it recorded the finding in the negative, that is, in favour of the accused and against the prosecution. In view of the limited submissions made by the prosecution before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere hearing, they noticed that A-1 was having something in the shape of the tennis ball which was wrapped in a paper and which was thrown by him at PW-1; this was followed by throwing of similar object by A-2 on the deceased, which hit him on his stomach and his intestine came out. Immediately thereafter, the third bomb was thrown by A-3 which fell amidst them. Mr. Lalit, however, contended that the said witnesses were interested witnesses being members of the rival union and, therefore, it would not be safe to rely on their evidence. We find no substance in this argument because on examination of their testimony, we do not find that any of them were shaken in the cross-examination on any material particulars. Merely because they belong to the complainant group, it cannot be said that their testimony cannot be given due weight. It is nobody's case that at the time of occurrence, persons other than the members of the rival unions were present there. After hearing the sound of explosion, some persons no doubt came to the scene of occurrence, of whom PWs 8 and 9 have been examined and obviously they have spoken to the facts which they noticed only after the explosion of the bombs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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