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1960 (12) TMI 88 - SC - Indian Laws

Issues Involved:
1. Conviction under Section 304 read with Section 149 and Section 148 of the Indian Penal Code.
2. The principle of "compelling reasons" in appeals against acquittals.
3. Evaluation of evidence and credibility of witnesses.
4. Role of appellate courts in reviewing acquittals.
5. Application of Article 136 of the Constitution for interference by the Supreme Court.

Issue-wise Detailed Analysis:

1. Conviction under Section 304 read with Section 149 and Section 148 of the Indian Penal Code:
The case involves an appeal against the conviction and sentence of nine appellants by the High Court of Rajasthan under Section 304 read with Section 149 and Section 148 of the Indian Penal Code. The prosecution's case was that two factions in the village Harnawa had a dispute, leading to a violent confrontation at a temple. The Rajputs, feeling insulted by the cultivators occupying their usual place, armed themselves and attacked, resulting in injuries and deaths. The Sessions Judge acquitted all accused, but the High Court found the nine appellants guilty of culpable homicide not amounting to murder and rioting with deadly weapons.

2. The principle of "compelling reasons" in appeals against acquittals:
The judgment discusses the principle of "compelling reasons" in appeals against acquittals. The Supreme Court clarified that the words "compelling reasons" are not meant to curtail the appellate court's power but to emphasize that the appellate court must provide clear reasons for reversing an acquittal. The court referenced several precedents, including Sheo Swarup v. King-Emperor and Surajpal Singh v. The State, to elucidate that the appellate court has full power to review evidence and reach its own conclusions but must do so with proper consideration of the trial court's findings.

3. Evaluation of evidence and credibility of witnesses:
The Sessions Judge rejected the evidence of key witnesses on unsubstantial grounds and did not provide a definite finding on the prosecution's version. The High Court, however, found the evidence of witnesses like Goga, Chandra, and Doongar Singh credible and consistent. The High Court pointed out that the Sessions Judge ignored voluminous corroborative evidence without valid reasons. The High Court's approach was to evaluate the entire evidence comprehensively and give due weight to the credibility of witnesses who had suffered injuries during the incident.

4. Role of appellate courts in reviewing acquittals:
The judgment emphasizes that the appellate court has the same power to review evidence in appeals against acquittals as it does in appeals against convictions. The difference lies in the approach and perspective, ensuring that the appellate court considers all relevant matters and provides clear reasons for its conclusions. The High Court, in this case, followed the correct principles by thoroughly reviewing the evidence and providing detailed reasons for overturning the acquittal of the nine appellants.

5. Application of Article 136 of the Constitution for interference by the Supreme Court:
Article 136 of the Constitution grants the Supreme Court discretionary power to entertain appeals in cases where substantial and grave injustice has been done. The Supreme Court noted that it would not interfere with factual findings unless the conclusions were such that they shocked the conscience of the court. In this case, the High Court's findings were based on a thorough evaluation of evidence and adherence to legal principles, and no substantial or grave injustice was found. Therefore, the Supreme Court dismissed the appeal, affirming the High Court's judgment.

Conclusion:
The Supreme Court dismissed the appeal, affirming the High Court's conviction of the nine appellants under Section 304 read with Section 149 and Section 148 of the Indian Penal Code. The court clarified the principles governing appellate review of acquittals, emphasizing the need for clear reasons and proper evaluation of evidence. The High Court's judgment was found to be in line with established legal principles, and no case for interference under Article 136 of the Constitution was made out.

 

 

 

 

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