9911796707
TMI Blog2010 (9) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... sed to run Kiryana shop in the village, over payment of price of crackers. But, later on, the dispute was settled between them with the intervention of villagers and Mohinder Singh paid an amount to the accused as the price of the crackers. (b) On 25.10.1992, at about 9.00 p.m., when Mohinder Singh, after having meals, was going to his Garhi (outer house), he found eight persons, namely, Sat Pal, Pala Ram, Madan Lal, Jai Kumar, Ram Prakash, Rajesh, Ram Bhaj and Jai Singh standing there and they were armed with gandasis and lathis. Sat Pal raised a lalkara that Mohinder Singh should be taught a lesson for making less payment for crackers and he gave a gandasi blow on his right leg. Mohinder Singh shouted for help and on hearing the same, Ishwar - his brother came there. Pala Ram gave gandasi blows repeatedly from its reverse side on Ishwar's chin and jaw and Madan Lal gave two lathi blows on his face and Jai Kumar gave lathi blows on his hands and chest. On hearing the calls for help, Shambhu-the deceased came to the spot. Rajesh and Ram Bhaj, who were standing in front of the house of Chandan came there with lathis and Ram Bhaj gave a lathi blow on the head of Shambhu and Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed an application under Section 319 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C. ) for summoning the other seven accused. The trial Court, vide order dated 12.05.1993, allowed the application and summoned the other seven accused persons to face trial along with the four accused. Vide order dated 22.03.1994, the trial Court ordered for framing of charges against all the 11 accused persons for offences under Sections 148, 302, 325, 324, 323 read with Section 149 IPC. (e) The prosecution examined 15 witnesses. After recording the evidence, the trial Judge convicted Pala Ram, Sat Pal Madan Lal, Ram Prakash, Rajesh, Ram Bhaj and Jai Kumar for the offence under Section 148 IPC and sentenced them to undergo rigorous imprisonment for two years and to pay a fine of ₹ 1000/- each, in default of payment of fine, each of them was ordered to undergo further rigorous imprisonment for three months. They were further convicted under Section 302 read with Section 149 IPC and sentenced to undergo rigorous imprisonment for life. They were also convicted under Section 325 read with Section 149 IPC and were sentenced to undergo rigorous imprisonment for two years and to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) The appellate court can also review the trial court's conclusion with respect to both facts and law. (iii) While dealing with the appeal preferred by the State, it is the duty of the appellate court to marshal the entire evidence on record and by giving cogent and adequate reasons may set aside the judgment of acquittal. (iv) An order of acquittal is to be interfered with only when there are compelling and substantial reasons for doing so. If the order is clearly unreasonable , it is a compelling reason for interference. (v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. [Vide Madan Lal v. State of J. K., (1997) 7 SCC 677; Ghurey Lal v. State of U.P., (2008) 10 SCC 450; Chandra Mohan Tiwari v. State of M.P., (1992) 2 SCC 105; Jaswant Singh v. State of Haryana, (2000) 4 SCC 484]. 6. With these principles, let us examine whether interference is required in the impugned order of the High Court acquitting all the eleven accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese persons, A-2 sustained grievous injuries by the use of ghandasa. There is no proper explanation by the prosecution about the injuries sustained by the accused. Further, there is no definite evidence as to the place of occurrence. It is also relevant to note the statement of accused Satpal A-2 recorded under Section 313 of the Cr.P.C. After denying several questions, as regard to the last question about the alleged incident as set out by the prosecution, he explained before the Addl. Sessions Judge on 15.07.2000. The relevant question and answer is as follows: 20. Have you to say anything else? Ans. The facts of this case are that on the day of occurrence Mohinder PW came at the house of Jai Kumar in drunken condition and started abusing him. I and Madan were also present there being his nephew and also on account of Diwali festival. Jai Kumar and his wife stopped them from abusing and thereafter Mohinder PW went back and after sometime he came along with Shambu deceased, Ganpat and Ishwar Singh. Mohinder PW gave a gandasi blow on my head and I fell down on the ground. Thereafter Jai Kumar and his wife Kitabo Devi came forward to save me and then all of them started causin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
