TMI Blog2007 (9) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... les had been kept were found to be tampered with. The investigating officer had admitted that he had recorded the statement of Chhotey Lal (PW-4) on 31.8.1978 as this witness was not available earlier. The case diary interestingly was not produced during trial by the investigating officer. The High Court found that in the absence of any definite material to prove that the dead body was that of the deceased, the prosecution version was rendered to that extent, doubtful. Since PW-4 resiled from his statement made earlier, the High Court examined the evidence of PW-l in detail. So far as Paramjeet (PW-7) is concerned, his evidence was also found to be not reliable because he appeared to have been tutored. He was aged about 7-8 years whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference. These aspects were highlighted by this Court in Shivaji Sahabrao Bobade and Anr. v. State of Maharashtra [ 1973 (8) TMI 160 - SUPREME COURT] , Jaswant Singh v. State of Haryana [ 2000 (4) TMI 825 - SUPREME COURT] . In the instant case, we find that the reasons indicated by the High Court for recording the order of acquittal do not suffer from any infirmity to warrant interference. The appeal is accordingly dismissed. - Dr. ARIJIT PASAYAT D.K. JAIN, JJ. JUDGMENT Dr. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court setting aside the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd at the spot although blood was found lying there. The search for Dal Chand was conducted by his wife through out the night but he could not be located or found. No villager was informed or taken into confidence by her. The motive of this murder as is apparent from the FIR was to avenge the murder of Raghuvir Singh resident of village Bhadaria. Ram Veer Singh was nursing a suspicion that deceased Dal Chand, was instrumental behind the murder of Raghuvir. The FIR of the present incident was lodged at the police station, Ganeshkhera by Smt. Raj Kaur on the next day at 9.15 A.M. The body of the victim was discovered from a pond which was full of water after a month of the occurrence. It was first discovered by the village Chowkidar. He in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court analyzed the material on record and the conclusions arrived at by the Trial Court. It noted that PW-4, Chhotey Lal, who was claimed by the prosecution to be one of the eye-witnesses resiled from the statements made during investigation. It was found that the dead body was found from a pond which was full of water after about a month. The evidence of PW-1 was found to be totally unre1iable. She claimed that she had gone to the police station with the blood of her husband which was collected from the spot next morning. According to her, this was done by her after lodging the F.I.R. The High Court noticed that her testimony was that first she went to the police station to lodge the report. After that, she came back and went to poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elationship with the deceased was not free from doubt. She claimed that she was married to the deceased. But the child witness whose evidence was otherwise found to be not sufficient to fasten the guilt of accused, stated that she was not living with the deceased on the relevant date. It was noted by the High Court that PW-1 from the next day of murder was staying with one Ikram. It was noted by the High Court that the village Chowkidar who was supposed to have searched for the dead body, was not examined and no explanation was offered by the prosecution for the non-examination. The High Court noted that PW-l's conduct was totally not above board during tria1. She filed an affidavit and an application in the court to show that she was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not. [See Bhagwan Singh and Ors. v. State of Madhya Pradesh (2002 (2) Supre ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
