2003 (10) TMI 640 - SC - Indian Laws

Whether the acquittal as directed by the High Court, so far as they are concerned, stands confirmed?

Summary

Issues Involved:
1. Legality of the High Court's acquittal of the accused.
2. Reliability of prosecution witnesses and evidence.
3. Impact of non-examination of the Investigating Officer.
4. Applicability of Section 302 IPC versus Section 304 Part II IPC.
5. Role of appellate courts in reversing lower court judgments.

Issue-wise Detailed Analysis:

1. Legality of the High Court's Acquittal of the Accused:
The Supreme Court questioned the legality of the High Court's judgment that acquitted nine respondents. The High Court's conclusions were found to be based on irrelevant grounds and a perfunctory consideration of evidence. The Supreme Court emphasized that appellate courts must prevent miscarriage of justice by intervening when necessary. The High Court's judgment was criticized for being practically non-reasoned and for failing to provide sound footing for its conclusions.

2. Reliability of Prosecution Witnesses and Evidence:
The High Court doubted the reliability of prosecution witnesses because their names were not mentioned in the FIR and some were accused in a counter case. The Supreme Court clarified that not mentioning witnesses in the FIR does not automatically discredit their testimony. The Court cited precedents to support this view, emphasizing that credible and trustworthy evidence should not be disregarded merely because the witnesses were accused in a counter case.

3. Impact of Non-Examination of the Investigating Officer:
The High Court found that the non-examination of the Investigating Officer, who died during the trial, caused prejudice to the accused. The Supreme Court disagreed, stating that non-examination does not always affect the credibility of the prosecution's case. The Court referenced several cases where it was held that non-examination does not vitiate the trial if the remaining evidence is credible and trustworthy.

4. Applicability of Section 302 IPC versus Section 304 Part II IPC:
The Supreme Court analyzed the evidence and found that the only shot fired by Bundeo Jha (A-1) from a considerable distance did not warrant a conviction under Section 302 IPC. Instead, the Court held that Section 304 Part II IPC was applicable, which deals with culpable homicide not amounting to murder. The Court also convicted other accused under Section 304 Part II read with Section 149 IPC, considering their roles in the incident.

5. Role of Appellate Courts in Reversing Lower Court Judgments:
The Supreme Court highlighted that appellate courts must provide reasoned judgments, especially when reversing lower court decisions. The Court criticized the High Court for not giving adequate reasons for its conclusions and emphasized that reason is the "heartbeat of every conclusion." The Supreme Court decided to analyze the evidence itself due to the long passage of time and provided a detailed judgment.

Conclusion:
The Supreme Court allowed the appeal to the extent indicated, confirming the acquittal of some accused while convicting others under Section 304 Part II IPC and related sections. The Court ordered the respondents on bail to surrender to custody to serve the remainder of their sentences. The judgment emphasized the importance of reasoned conclusions by appellate courts, particularly in cases of reversal.