TMI Blog2013 (7) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1979 (Crime Case No. 10 of Police Station: Binawar, District: Badaun), whereby the trial court had convicted and sentenced the Respondents to life imprisonment Under Section 302, read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'Indian Penal Code'). 2. Facts and circumstances giving rise to this appeal are that: A. On 7.1.1979 at about 8.45 P.M., Respondents Munshi and Gobardhan had created a small drainage through the fields belonging to Rameshwar and Kandhari of their village. Rameshwar and Kandhari had come there and objected to the same. A scuffle broke out between them, and at that time, Jagan (since deceased) happened to pass through the said area, riding on the back of a horse. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouse belonging to Munshi and Gobardhan. A 12 bore country made pistol, 3 live cartridges, and 2 paper tiklies of a 12 bore pistol were also recovered from there. A seizure memo was then prepared for the same. Samples of blood stained earth were also taken from the spot. The dead body of Jagan was sealed and was thereafter, sent for postmortem examination. E. After the completion of the investigation, a chargesheet was submitted against all the Accused persons. The case was then committed to the Sessions Court for trial vide order dated 10.2.1979. All the Accused denied the charges levelled against them, and pleaded not guilty. F. After the conclusion of the trial, the learned Sessions Judge vide judgment and order dated 24.8.1981, hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extent that all the Accused had, in fact, been involved in the incident. The High Court has not decided the case in correct perspective. The appeal, thus, deserves to be allowed. 4. Per contra, Shri Pradeep Gupta, learned Counsel appearing on behalf of the Respondents, has opposed the appeal contending that the High Court has rightly acquitted the Respondents. A cross case has been filed and is pending as regards the large number of injuries were found on the person of the Accused. The said injuries have all been examined and proved. The injuries suffered by the Accused were of a grievous nature. Even otherwise, the case put up by the Respondents in defence, is highly probable, that there had been a dispute between Rameshwar and Kandhar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2 Cm on the ulna border left forearm 2 Cm., above the left wrist joint. [7]. An incised wound 1 1/2 Cm x 1/2 Cm x muscle deep on the medial aspect of the right leg 6 Cm, below the right knee joint. [8]. A gunshot wound of entry 2 Cm x 1 1/2 Cm on the back in the midline 1 Cm. Right to midline at the level of T-10. Blackening present around the wound in the area of 5 Cm x 4 Cm. Fracture of the left ulna in lower part seen. 7. The Accused Gobardhan was also medically examined on 8.1.1979 at 11 A.M., and the following injuries were found on his body: [1]. Contusion 6 Cm x 1 Cm on the back of left forearm starting just below left elbow to downwards vertically, on the forearm. [2]. Abraded contusion on outer aspect of left thigh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d R.D. Yadav, S.O., and the entries made in the Rojnamcha. The cumulative effect of all the same creates a doubt in the prosecution story. (V) The FIR in the instant case against the Respondents herein had been lodged by Pyare Chowkidar as directed by one Bilal Miyan who had informed him that Jagan had been killed by the party of Munshi and others. The said Bilal Miyan was neither an eye-witness, nor has been examined by the prosecution. (VI) Bilal Miyan had been informed by Ram Bharose about the murder of Jagan but who had not disclosed as who had killed Jagan. Thus, it was not clear as who had killed Jagan and the prosecution could not get any support whatsoever from the FIR. (VII) The evidence led by the prosecution shows that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed herein. 10. This Court has laid down sufficient guidelines for interference by the superior court against the order of acquittal. In exceptional cases where there are compelling circumstances to interfere and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the Accused and further that the trial Court's acquittal bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference. 11. We have considered and examined the matter most minutely. Applying the parameters of interference agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
