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1970 (9) TMI 125 - SC - Indian Laws

Issues Involved:

1. Credibility of eyewitnesses (P.Ws. 1 to 3)
2. Existence of factions and motive for the crime
3. Medical evidence and its interpretation
4. Reliability of the trial court's acquittal and the High Court's reversal
5. The scope of appellate review in acquittal cases

Issue-wise Detailed Analysis:

1. Credibility of Eyewitnesses (P.Ws. 1 to 3):

The primary issue revolved around whether the incident described by P.Ws. 1 to 3 was credible. The trial court disbelieved these witnesses, considering them partisan and their evidence unnatural and unreliable. However, the High Court found their testimonies credible, noting that P.W. 1 was a disinterested witness, not related to either party, and his presence at the scene was corroborated by other evidence. P.W. 3, although related to the deceased, was supported by P.W. 1 and medical evidence. The High Court rejected the trial court's view that P.W. 1's failure to immediately report the crime and his association with a friend related to the deceased made his testimony unreliable. The High Court also accepted P.W. 3's explanation for not reporting the crime immediately due to fear.

2. Existence of Factions and Motive for the Crime:

Both sides acknowledged the existence of two factions in Thogarakunta village, leading to hostility and enmity. The prosecution argued that this enmity provided the motive for the crime. The appellants claimed the case was foisted against them due to this hostility. The High Court found the existence of factions and the resulting enmity credible, which supported the prosecution's motive theory.

3. Medical Evidence and Its Interpretation:

The trial court favored the testimony of D.W. 1, a forensic expert who argued that the injuries on Sanjeevu could not have been caused by revolver shots. However, the High Court preferred the evidence of P.W. 14, who conducted the post-mortem and found the injuries consistent with revolver shots. The High Court noted that D.W. 1's cross-examination weakened his initial testimony, admitting that the injuries could be caused by revolver shots from a distance if the revolver was a country-made one. The High Court found P.W. 14's evidence more convincing and consistent with the eyewitnesses' accounts.

4. Reliability of the Trial Court's Acquittal and the High Court's Reversal:

The High Court meticulously reviewed the trial court's reasons for acquittal and provided detailed reasons for its reversal. It found the trial court's rejection of P.Ws. 1 and 3's testimonies and the acceptance of D.W. 1's evidence flawed. The High Court adhered to the principles laid down by the Supreme Court in reviewing acquittal cases, ensuring that it considered all evidence and provided cogent reasons for its conclusions.

5. The Scope of Appellate Review in Acquittal Cases:

The Supreme Court reiterated the principles for appellate review of acquittal cases, emphasizing that an appellate court has full powers to review evidence but should respect the trial court's advantage of seeing witnesses. The High Court's approach was found consistent with these principles, as it thoroughly examined the evidence and provided strong reasons for overturning the acquittal. The Supreme Court, exercising its special jurisdiction under Article 136, found no reason to interfere with the High Court's findings as it adhered to legal processes and principles of natural justice.

Conclusion:

The Supreme Court upheld the High Court's decision, finding that the High Court had correctly evaluated the evidence and provided convincing reasons for reversing the trial court's acquittal. The appeal was dismissed, affirming the conviction and life imprisonment sentences of the appellants.

 

 

 

 

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