TMI Blog2009 (8) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... e prosecution rests on the circumstantial evidence. Each of the circumstance allegedly making a chain was examined by the High Court and on scrutiny thereof held that none of the said circumstances lead to the inference that the respondent had committed the aforesaid offence. HELD THAT:- Before we discuss the evidence on record, we must bear in mind the scope of interference with an order of acquittal. An order of acquittal should not be lightly interfered with even if the court believes that there is some evidence pointing out the finger towards the accused. This Court has dealt with the scope of interference with an order of acquittal in a number of cases. The principle deducible from the said Judgments regarding the scope of interference with an order of acquittal could be summarized. None of the circumstances relied upon by the prosecution stands proved against the accused leading to a definite conclusion that it was the accused, who had committed the offence. It is also not known why the said witness had turned her back towards the accused only because the accused was washing his hands. If accused was washing his hands as stated by Mathura (PW-4) there is no likelihood ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to prove the fact, the same must be proved by leading evidence, which is reliable and trustworthy, which pinpoints and conclusively proves the guilt of the accused. This is not a case where we can safely hold that the evidence led was trustworthy and conclusively establishes that it is the accused only, who had committed the offence. Considering the entire facts and circumstances of the case we are not inclined to interfere with the order of acquittal. We, accordingly, dismiss this appeal and uphold the order of acquittal passed by the Division Bench of the High Court. - Dalveer Bhandari and Mukundakam Sharma, JJ. For the Appellant : Milind Kumar, Adv. For the Respondents : K. Sarada Devi, Adv. JUDGMENT Mukundakam Sharma, J. 1. This criminal appeal is filed by the State of Rajasthan being aggrieved by the judgment and order passed by the Rajasthan High Court on 18.07.2001 acquitting the respondent - accused from the charges under Sections 302 and 394 of the Indian Penal Code (hereinafter referred to as the IPC ). The High Court acquitted the respondent of all the charges by setting aside the judgment and order of conviction passed against the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged weapon of offence and pursuant to which PW-21 recovered Khurpi at the instance of accused Naresh under Exhibit P-10. 5. Dr. Kailash Narain (PW-1) conducted the postmortem report of Smt. Guli Devi, which is exhibited in trial as Exhibit P-1. According to the doctor all the injuries were ante-mortem in nature and the cause of death was hemorrhagic shock associated with Asphyxia due to compression of neck. Sugan Chand, Tehsildar, Bassi, examined as (PW-13), conducted the identification of ornaments and it is alleged that Rameshwar (PW-14), husband of deceased Guli Devi correctly identified ornaments of deceased - Guli Devi. After completion of the investigation, the police submitted charge sheet against the respondent herein under Sections 302 and 394 of the IPC in the Court of Judicial Magistrate, Bassi, who in turn, committed the case to the Court of Sessions. The learned Sessions Judge framed charges against the accused under Sections 302 and 394 of the IPC to which the accused pleaded not guilty and claimed to be tried. 6. During trial, the prosecution in support of its case examined as many as 21 witnesses and exhibited some documents. Thereafter, the accused was exam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accused. In that connection, the Division Bench held that the only evidence, which is relied upon in that regard is the evidence of PWs - 20 and 21 and on scrutiny of the same the High Court held that a glance at exhibit P-17 merely indicates that accused informed Khushal Singh (PW-21) that he has sold the ornaments to Ram Chandra Saraf, Fish Market, Banda, whereas, the ornaments were recovered from Ram Charan (PW-20). The High Court also found incongruity in the evidence of PW-20, who has stated that he did not purchase the ornaments. He could not give any satisfactory reply as to who had left the said ornaments in his custody and possession. The High Court also pointed out that according to the said witness the accused took away the ornaments on the same day, and therefore, there could be no case of recovering the ornaments shown by the accused from PW-20. Resultantly, it was concluded that it would not be safe to hold that recovery of ornaments was in consonance with the information furnished by the accused/Naresh, particularly, when neither the ornaments have been recovered from the same person about whom the accused had informed nor the shop is the same, about which the acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence on record. 14. Mr. Milind Kumar, counsel appearing for the appellant - State of Rajasthan submitted before us that there are number of circumstances which lead to and prove the guilt of the respondent. The first circumstance, which was relied upon was the last seen factor of the accused going after the deceased and thereafter coming out alone from the place of occurrence. The next circumstance on which the public prosecutor relied upon is the fact of smearing the body of the respondent with mud when he was coming from the filed. The other circumstance heavily relied upon was the factor of recovery of jewellery belonging to the deceased at the instance of the accused from Ramcharan Shahu (PW-20). The other circumstances like recovery of the dagger and the strap of wristwatch near the dead body were pressed into service by the public prosecutor. 15. Mrs. K. Sarada Devi, the counsel appearing for the respondent, however, submitted that since the present appeal is an appeal against an order of acquittal, the same should not be set aside unless the Court comes to a definite conclusion on the basis of cogent and reliable evidence that it is the accused who had committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquittal. The golden thread which runs through the web of administration of justice in criminal cases is 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 reappreciate 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 v. State of M.P.) The principle to be followed by the 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 and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two views are reasonably possible, the one in favour of the accused must be preferred. 19. When we examine the present case in the light of the background of the aforesaid legal principles, we find that none of the circumstances relied upon by the prosecution stands proved against the accused leading to a definite conclusion that it was the accused, who had committed the offence. It has come on evidence that deceased went towards the field on 12.08.1993 at about 3 o'clock and that accused Naresh also went to the field with a Lotah in his hand. However, such a statement appears not to have been made before the police and the same was found to be an improvement by the High Court and recorded so in the Judgment. Mathura (PW-4) has stated in her deposition that she had gone to the Kothi for feeding the cattle. She has also stated that when she was sitting at the field for drinking water to cattle, she saw accused Naresh was running towards the village and that accused was having a Gaddi with him and also one Gaon . In her cross- examination, she stated that she had seen the accused sitting at the Kheli and that she had turned her back towards accused/Naresh because acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and also amputation of legs of the deceased is neither cogent nor reliable, and therefore, those circumstances cannot be relied upon for basing conviction of the respondent. 22. So far the circumstance about the recovery of ornaments is concerned, the star witness in that regard is PW-20. The said ornaments were recovered at the instance of accused from the custody and possession of PW-20. We have very carefully analysed the evidence of PW-20 so as to find out the credibility of the said witness. He had stated in his examination-in-chief that the accused came to him saying that he wanted to sell the jewellery of his house. The said witness, however, stated that they did not purchase such jewellery, which was, however, seized later on from him. He stated in his cross-examination that they do the business for making new ornaments from the old ornaments. He also stated that the said jewellery was not for their use and hence they refused to purchase. He also stated that Naresh/accused himself is a gold smith hence he used to come to him earlier also. He also stated that Naresh asked him to keep the jewellery and told that he would come back soon, and therefore, he kept the said jew ..... X X X X Extracts X X X X X X X X Extracts X X X X
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