TMI Blog2009 (2) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... also somewhat inimical to the accused persons and their evidence cannot be given due weight especially with regard to the use of Lathi and Danda by the prosecution witnesses, particularly when such an important fact had not been stated by them in their statements recorded u/s 161 Cr.P.C. and the statements being contradictory to each other with regard to the use of Danda by the prosecution witness. The High Court arrived at the conclusion that the injuries of the accused persons have not been satisfactorily explained. This Court, in a recent judgment in Ghurey Lal v. State of Uttar Pradesh [ 2008 (7) TMI 951 - SUPREME COURT] considered earlier cases and laid down that the appellate court should, therefore, reverse an acquittal only when it has very substantial and compelling reasons . Following are some of the circumstances in which perhaps this Court would be justified in interfering with the judgment of the High Court, but these are illustrative not exhaustive. i) The High court's decision is based on totally erroneous view of law by ignoring the settled legal position; ii) The High court's conclusions are contrary to evidence and documents on record. ii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scendants of Panchu, namely, Vinayak and others. Lalloo, Moti and Gharroo have since been recorded as co-tenure holders of the aforesaid plot along with other plots. 5. The dispute about the share between Lalloo on the one hand and Gharroo and Moti on the other started in the year 1965. Lalloo claimed one half share while according to Moti and Gharroo all the three daughters' sons Lalloo, Moti and Gharroo had equal share. Lalloo took the lead in asserting his claim by executing a sale deed in respect of 5 decimals of plot No. 251/2 area 10 decimals in favour of Shivlal on 21.1.1965. He executed second sale deed in respect of 6 decimals of plot No. 205/2 measuring 12 decimals in favour of Nand Lal and Lalloo sons of Dhanesh on 20.12.65. Moti deposited ten times land revenue of his one-third share in the disputed joint Khata comprising of plots Nos. 109, 165/2, 182/2, 205/2 and 251/2 and filed a suit for division of holdings under Section 138 of the Zamindari Abolition and Land Reforms Act for 1/3rd share on 6.1.66. The suit was decreed ex parte on 10.1.1970 and mutation of this order was made in Khatauni 1376 F to 1378F. The ex-parte decree was, however, set aside on the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed persons is that the members of the complainant party tried to forcibly dispossess them and in their right of private defence some injuries were caused to the members of the complainant party. 10. Tilakdhari PW1 dictated a written report Ex. Ka. 1 to Sitaram on the spot. He took Sahangoo, Amardhari to P.S. Manduadih where he submitted the written report Ex. Ka.1, in terms of which chick FIR Ex. Ka. 13 was prepared and a case was registered in the general diary. 11. Sahangoo, Amardhari and Tilakdhari were escorted to S.S.P.G. Hospital, Varanasi, where they were examined for their injuries by Dr. A.K. Dwivedi at 8.45 A.M., 9.00 A.M. and 12.00 noon respectively. Sahangoo succumbed to the injuries at 5.45 P.M. on the same day in S.S.P.G. Hospital, Varanasi and died. Inquest of the dead body was performed by Ram Chandra Pandey S.I. on 14.11.1977 at 8.00 A.M. Dr. Narsingh Sharma, Medical Officer Incharge S.V.M.V. Government Hospital, Varanasi conducted post-mortem examination on the dead body of Sahangoo at the mortuary on 14.11.1977 at 2.30 P.M. He found the following ante- mortem injuries on his dead body. 1. Lacerated wound 6 1/2 cm x 1/2 bone deep on the right side crown o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cident the prosecution party was in peaceful possession of the land in question and with the dismissal of suit the accused persons came there forming an unlawful assembly to extend their possession over half share and interfered in the peaceful possession of Gharroo and Moti in the southern portion of the plot. They first assaulted and caused injuries to the deceased and other victims on prosecution side and injuries on the defence side were caused during the course of incident and according to the learned Sessions Judge, the defence version of the incident was false and accordingly, the learned Sessions Judge convicted and sentenced the appellants under various counts as stated in the earlier part of the judgment. 20. The accused-appellants, aggrieved by the judgment of the Sessions Judge, filed an appeal before the High Court. The High Court re-examined the entire evidence and came to a different conclusion. The main grievance which has been articulated by the High Court is that though the injuries received by the accused persons were noted by the trial court, there was no explanation by the prosecution about those injuries. On careful examination of the injuries caused to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. A serious doubt has been cast on the credibility of the prosecution version. The High Court allowed the appeal and set aside the conviction and sentence of the appellants and they were acquitted of the offences charged for. 24. The State of U.P., aggrieved by the impugned judgment of the High Court, has filed the present appeal by way of special leave petition under Article 136 of the Constitution. The scope of interference under Article 136 is rather limited. It is settled legal position which has been crystallized in a number of judgments that if the view taken by the High Court is plausible or possible, then it would not be proper for this Court to interfere with an order of acquittal. 25. This Court, in a recent judgment in Ghurey Lal v. State of Uttar Pradesh (2008)10SCC450 considered earlier cases and laid down that the appellate court should, therefore, reverse an acquittal only when it has very substantial and compelling reasons . 26. In Tulsiram Kanu v. The State AIR1954SC1 , this Court explicated that the appellate court would be justified in reversing the acquittal only when very substantial question and compelling reasons are present. In this case, the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt observed thus: In an appeal against acquittal, the High Court would not ordinarily interfere with the Trial Court's conclusion unless there are compelling reasons to do so inter aliaon account of manifest errors of law or of fact resulting in miscarriage of justice. 30. In B.N. Mutto and Anr. v. Dr. T.K. Nandi [1979]2SCR409 , the Court observed thus: It stems out of the fundamental principle of our criminal jurisprudence that the accused is entitled to the benefit of any reasonable doubt. If two reasonably probable and evenly balanced views of the evidence are possible, one must necessarily concede the existence of a reasonable doubt. But, fanciful and remote possibilities must be left out of account. To entitle an accused person to the benefit of a doubt arising from the possibility of a duality of views, the possible view in favour of the accused must be as nearly reasonably probable as that against him. If the preponderance of probability is all one way, a bare possibility of another view will not entitle the accused to claim the benefit of any doubt. It is, therefore, essential that any view of the evidence in favour of the accused must be reasonable even as any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The principles with regard to the scope of the powers of the appellate court in an appeal against acquittal, are well settled. The powers of the appellate court in an appeal against acquittal are no less than in an appeal against conviction. But where on the basis of evidence on record two views are reasonably possible the appellate court cannot substitute its view in the place of that of the trial court. It is only when the approach of the trial court in acquitting an accused is found to be clearly erroneous in its consideration of evidence on record and in deducing conclusions therefrom that the appellate court can interfere with the order of acquittal. 34. In Bhagwan Singh and Ors. v. State of M.P. 2002CriLJ2024 , the Court repeated one of the fundamental principles of criminal jurisprudence 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 Court observed as under: 7. The golden thread which runs through the web of administration of justice in criminal case is that if two views are possible on the evidence adduce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In reaching a conclusion about the guilt of the accused, the court has to appreciate, analyse and assess the evidence placed before it by the yardstick of probabilities, its intrinsic value and the animus of witnesses. It must be added that ultimately and finally the decision in every case depends upon the facts of each case. 12. Doubtless the High Court in appeal either against an order of acquittal or conviction as a court of first appeal has full power to review the evidence to reach its own independent conclusion. However, it will not interfere with an order of acquittal lightly or merely because one other view is possible, because with the passing of an order of acquittal presumption of innocence in favour of the accused gets reinforced and strengthened. The High Court would not be justified to interfere with the order of acquittal merely because it feels that sitting as a trial court it would have proceeded to record a conviction; a duty is cast on the High Court while reversing an order of acquittal to examine and discuss the reasons given by the trial court to acquit the accused and then to dispel those reasons. If the High Court fails to make such an exercise the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at 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 principle to be followed by appellate court considering the appeal against the judgment of acquittal is to interfere only when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly unreasonable, it is a compelling reason for interference. The Court further held as follows: 16. it is apparent that while exercising the powers in appeal against the order of acquittal the court of appeal would not ordinarily interfere with the order of acquittal unless the approach of the lower court is vitiated by some manifest illegality and the conclusion arrived at would not be arrived at by any reasonable person and, therefore, the decision is to be characterized as perverse. Merely because two views are possible, the court of appeal would not take the view which would upset the judgment delivered by the court below. 39. In Chandrappa and Ors. v. State of Karnataka 2007 CriLJ 2136, this Court held: (1) An appellate court has full power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very substantial and compelling reasons to discard the High Court decision. 42. Following are some of the circumstances in which perhaps this Court would be justified in interfering with the judgment of the High Court, but these are illustrative not exhaustive. i) The High court's decision is based on totally erroneous view of law by ignoring the settled legal position; ii) The High court's conclusions are contrary to evidence and documents on record. iii) The entire approach of the High court in dealing with the evidence was patently illegal leading to grave miscarriage of justice; iv) The High court's judgment is manifestly unjust and unreasonable based on erroneous law and facts on the record of the case; v) This Court must always give proper weight and consideration to the findings of the High Court. vi) This Court would be extremely reluctant in interfering with a case when both the Sessions Court and the High Court have recorded an order of acquittal. 43. When we apply the above mentioned parameters laid down by a number of cases decided by this Court to the facts of this case, then conclusions become irresistible and no interference is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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