9911796707
TMI Blog1987 (4) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh, Dauli Singh, Mithu Singh and Mukhtiar Singh were tried by the Court of Sessions, Faridkot on charges under Section 302 IPC read with Section 34 IPC and Section 323 IPC read with Section 34 IPC. After detailed consideration of the entire evidence adduced in the case, the learned Sessions Judge by his judgment dated May 30, 1974 acquitted the appellants of all the charges laid against them. Against the said decision of the Sessions Judge, the State of Punjab preferred Criminal Appeal No. 1106 of 1974 in the High Court of Punjab and Haryana. A Division Bench of the High Court by its judgment dated April 9, 1978 allowed the State's appeal, set aside the order of the Sessions acquitting the appellants and convicted the appellants unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehind the Chelianwali Street raising a lalkara proclaiming that they were going to take their revenge for outraging the modesty of Malkiat Kaur and they attacked the deceased as well as Ajmer Singh and Malkiat Singh by inflicting gandasa blows on them. It was alleged that this was a preplanned and concerted attack made by the appellants as a reappraisal for an incident of alleged rape of one Malkiat Kaur by Ajmer Singh (P.W. 2), Gurdev Singh (deceased) is said to have fallen down on the spot as a result of the blows inflicted on him and P.Ws. 2 and 6 are said to have suffered simple injuries due to the attack with gandasa. According to the prosecution version on hearing the cries for help raised by P.W. 2 and P.W. 6, Kaur Singh, son of de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... molestation of Malkiat Kaur by Ajmer Singh P.W. 2 by pointing out that if such had been really the case, the target of attack by the appellants would have been Ajmer Singh to whom only simple injuries were caused and not Gurdev Singh who had nothing to do with the alleged incident of molestation. The learned Sessions Judge was inclined to accept the defence version that the appellants being 'siris' had some trouble with P.W. 2 and P.W. 6 about the apportionment of 'batai' and this might have led to their false implication in the case. In the absence of any independent corroboration of the testimony given by the two alleged eye-witnesses (P.W. 2 and P.W. 6), the learned Sessions Judge who had seen them giving evidence in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conclusion recorded by the Court below is such which could not have been possibly arrived at by any Court acting reasonably and judiciously and is, therefore, liable to be characterised as perverse. Where two views are possible on an appraisal of the evidence adduced in the case and the Court below has taken a view which is a plausible one, the Appellate Court cannot legally interfere with an order of acquittal even it is of the opinion that the view taken by the Court below on its consideration of the evidence is erroneous. 7. Tested in the light of the above principles, it must be held that the interference made in the present case by the High Court with the order of acquittal passed by the learned Sessions Judge was wholly unwarr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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