2013 (5) TMI 1061 - SC - Indian Laws

Summary

Issues involved: Criminal appeal against the conviction u/s 302 IPC, acquittal by trial court, reversal of acquittal by High Court, credibility of eyewitnesses, medical evidence of gunshot injury.

Issue 1: Acquittal by trial court and reversal by High Court

The Appellants were charge-sheeted u/s 302 IPC. The trial court acquitted all accused, but the High Court reversed the acquittal of Habib and Manuwa. Habib was found guilty u/s 302 IPC and Manuwa u/s 302 read with 34 IPC. The State preferred appeal before the High Court challenging the trial court's order of acquittal.

Issue 2: Credibility of eyewitnesses

The prosecution's case involved eyewitness accounts of the incident. The witnesses, including PW1, PW2, and PW3, provided consistent testimonies regarding the involvement of the accused in the crime. The High Court relied on their testimonies and found them trustworthy, despite being relatives of the deceased. The High Court emphasized that being interested witnesses does not automatically discredit their evidence if found reliable.

Issue 3: Medical evidence of gunshot injury

The medical evidence presented by Dr. K.K. Khan confirmed that the deceased died due to a gunshot injury on his neck. The autopsy revealed specific details of the injury, indicating the cause of death. The High Court considered this medical evidence crucial in establishing the guilt of the accused and disagreed with the trial court's decision to acquit them.

Conclusion:

The Supreme Court upheld the High Court's decision, stating that the trial court's acquittal was unreasonable and perverse. The Court emphasized the importance of preventing miscarriage of justice and reiterated the principle that in cases where two views are possible, the one favoring the accused should be adopted. Therefore, the appeals lacked merit and were dismissed.