1973 (12) TMI 90 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the High Court was justified in setting aside the acquittal of the appellants by the Additional Sessions Judge.
2. Whether the evidence of the eyewitnesses was credible and sufficient to sustain the conviction.
3. Whether the delay in lodging the First Information Report (FIR) was satisfactorily explained.
4. Whether the High Court correctly applied the principles governing appeals against acquittal.

Detailed Analysis:

1. Justification of High Court in Setting Aside Acquittal:
The appellants were initially acquitted by the Additional Sessions Judge, Gonda. However, the High Court of Allahabad (Lucknow Bench) set aside this acquittal and convicted the appellants under sections 302, 325, and 323 read with section 149, and under section 147 of the Penal Code, sentencing them to life imprisonment for murder and shorter terms for other offenses. The Supreme Court had to determine whether the High Court was justified in overturning the acquittal.

2. Credibility and Sufficiency of Eyewitness Evidence:
The prosecution's case relied heavily on the testimonies of eyewitnesses Rampher, Dwarika, and Lakhu. The Additional Sessions Judge had found these witnesses not worthy of credit, leading to the acquittal. The High Court, however, accepted their evidence while dismissing the testimonies of Ram Shanker and Ram Kripal. The Supreme Court emphasized that the High Court must give proper weight to the trial court's views on the credibility of witnesses, especially when the trial court had the advantage of seeing and hearing them.

3. Delay in Lodging the FIR:
The incident allegedly occurred at around 4 p.m., but the FIR was lodged at 12:30 a.m. at the Tarabganj police station, 4 miles from the scene. The Additional Sessions Judge found this delay undue and unexplained, casting doubt on the prosecution's case. The High Court's acceptance of the prosecution's explanation for the delay was deemed erroneous by the Supreme Court, which agreed with the trial court that the delay indicated the occurrence might have happened much later than claimed.

4. Application of Principles Governing Appeals Against Acquittal:
The Supreme Court reiterated that the High Court has full power to review evidence in appeals against acquittal but must do so with due regard to the presumption of innocence and the trial court's findings. The High Court must provide substantial and compelling reasons for overturning an acquittal. The Supreme Court found that the High Court failed to apply these principles correctly. It noted that the High Court's characterization of the trial court's findings as "perverse" was unwarranted and that the trial court's view was reasonable.

Conclusion:
The Supreme Court concluded that the High Court was not justified in interfering with the acquittal. It highlighted several errors in the High Court's judgment, including the improper handling of the delay in lodging the FIR and the misinterpretation of the evidence. The Supreme Court allowed the appeal, set aside the convictions and sentences, and directed the release of the appellants.