2008 (3) TMI 782 - SC - Indian Laws

Summary

Issues Involved:
1. Parameters for appeal against acquittal.
2. Examination of independent witnesses.
3. Reliance on testimonies of PWs 5 to 7.
4. Reliance on the statement of PW-1.
5. FIR and its implications under Section 162 of the Code of Criminal Procedure.
6. Identification of accused and sufficiency of light.
7. Conduct of the accused.
8. Medical evidence and its correlation with ocular evidence.
9. Recovery of weapons and other material objects.
10. Role and behavior of PWs 3 and 4.
11. Application of the maxim falsus in uno, falsus in omnibus.
12. Interference by appellate court in judgments of acquittal.

Detailed Analysis:

1. Parameters for appeal against acquittal:
The appellants contended that the High Court misdirected itself by not considering that the parameters for entertaining an appeal against a judgment of acquittal differ from those arising from a conviction. They argued that since two views were reasonably possible, the impugned judgment was unsustainable in law. The Supreme Court acknowledged that ordinarily, an appellate court would not interfere with an acquittal if two views are possible. However, it noted that serious infirmities in the trial court's judgment could justify interference.

2. Examination of independent witnesses:
The appellants argued that the non-examination of independent witnesses cited in the chargesheet should have raised doubts about the prosecution's version. The Supreme Court did not find this argument compelling, emphasizing that the overall credibility of the evidence presented was more critical.

3. Reliance on testimonies of PWs 5 to 7:
The appellants contended that the High Court should not have relied on the statements of PWs 5 to 7, which were found doubtful by the trial judge. The Supreme Court, however, found that the trial judge had erred in disbelieving these witnesses based on minor inconsistencies and the lack of documentary proof of their presence.

4. Reliance on the statement of PW-1:
The appellants argued that reliance on the statement of PW-1 was misplaced. The Supreme Court held that PW-1, as an injured witness, was credible, and there was no reason to disbelieve his testimony. The Court emphasized that the testimony of an injured witness should be given due weight, especially when corroborated by other evidence.

5. FIR and its implications under Section 162 of the Code of Criminal Procedure:
The trial judge had held that the FIR was hit by Section 162 of the Code because the general diary entry was not produced. The Supreme Court clarified that an information received by an officer in charge of a police station does not need to be preceded by an FIR to be actionable. The Court found that the FIR recorded at 3 a.m. was valid and not vitiated by prior entries in the general diary.

6. Identification of accused and sufficiency of light:
The trial judge doubted the identification of the accused due to insufficient light. The Supreme Court found this reasoning flawed, noting that the accused and the witnesses were from the same village and known to each other. The light near the conductor's seat was on, making identification possible.

7. Conduct of the accused:
The Supreme Court highlighted the conduct of the accused, who were absconding for a long time, as indicative of their guilt. The Court referenced previous judgments to support the view that such behavior could be taken into account when assessing the credibility of the prosecution's case.

8. Medical evidence and its correlation with ocular evidence:
The trial judge found discrepancies between the medical and ocular evidence. The Supreme Court noted that minor inconsistencies should not lead to the rejection of credible eyewitness testimony. The Court found that the medical evidence corroborated the overall sequence of events described by the witnesses.

9. Recovery of weapons and other material objects:
The trial judge had disbelieved the recovery of weapons due to inconsistencies in their description. The Supreme Court found that the recovery of weapons and blood-stained clothes was credible and supported the prosecution's case.

10. Role and behavior of PWs 3 and 4:
The Supreme Court noted that PWs 3 and 4, the driver and conductor of the bus, had not provided complete details of the incident, likely to avoid trouble. The Court found that their partial testimony did not undermine the credibility of other witnesses.

11. Application of the maxim falsus in uno, falsus in omnibus:
The Supreme Court reiterated that the maxim falsus in uno, falsus in omnibus (false in one thing, false in everything) is not applicable in India. The Court held that even if some accused were acquitted, it did not mean that the main accused should also be given the benefit of doubt.

12. Interference by appellate court in judgments of acquittal:
The Supreme Court affirmed that appellate courts could interfere with acquittals if the trial court's judgment was perverse, highly unreasonable, or based on irrelevant or inadmissible evidence. The Court found that the High Court was justified in setting aside the trial court's acquittal due to serious errors in the appreciation of evidence and legal principles.

Conclusion:
The Supreme Court dismissed the appeal, upholding the High Court's judgment convicting the appellants for the murder of the deceased and causing injuries to PW-1. The Court found no merit in the appellants' arguments and emphasized the importance of credible eyewitness testimony, proper appreciation of evidence, and the conduct of the accused in reaching its decision.