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TMI Blog2009 (2) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. On 13.11.1977 a violent incident is alleged to have taken place between the accused and members of the complainant party, namely, Moti, Gharroo and his sons over share in plot No. 165/2 measuring 1.88 decimals situated in Village Shivpurwa, P.S. Manduadih, District Varanasi. It is admitted case of the parties that Chhakkoo and his brother Panchu were original tenure holders of the said plot along with some other plots. 4. In a suit under Section 49 of the U.P. Tenancy Act, Moti, Gharroo and Lalloo obtained one half share in the joint Khata while the other half share went to descendants of Panchu, namely, Vinayak and others. Lalloo, Moti and Gharroo have since been recorded as co-tenure holders of the aforesaid plot along with other plots. 5. The dispute about the share between Lalloo on the one hand and Gharroo and Moti on the other started in the year 1965. Lalloo claimed one half share while according to Moti and Gharroo all the three daughters' sons Lalloo, Moti and Gharroo had equal share. Lalloo took the lead in asserting his claim by executing a sale deed in respect of 5 decimals of plot No. 251/2 area 10 decimals in favour of Shivlal on 21.1.1965. He executed secon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrived at the spot. 8. The accused Ramji gave a lathi blow to Amardhari who consequently fell down because of the impact of blow. Banne alias Baijnath gave a thrust with the iron rod in the abdomen which punctured the abdomen of Amardhari. The intestine of Amardhari protruded out through the wound and he also fell down. Sahangoo was attacked by Ramji, Bhole and Nanhe with lathis. He received lacerated wounds on his head. He ran towards the house of Sahdeo and fell down at his doorstep. Tilakdhari PW1 was also given blows by the accused persons. 9. The case of the accused persons is that the members of the complainant party tried to forcibly dispossess them and in their right of private defence some injuries were caused to the members of the complainant party. 10. Tilakdhari PW1 dictated a written report Ex. Ka. 1 to Sitaram on the spot. He took Sahangoo, Amardhari to P.S. Manduadih where he submitted the written report Ex. Ka.1, in terms of which chick FIR Ex. Ka. 13 was prepared and a case was registered in the general diary. 11. Sahangoo, Amardhari and Tilakdhari were escorted to S.S.P.G. Hospital, Varanasi, where they were examined for their injuries by Dr. A.K. Dwivedi at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t bluish pink. Restricted movement of left index finger. X-ray of palm was advised. 2. Contusion 3 cm x 2 cm on the left side of neck 6 cm below the left ear, skin bluish pink. 3. Contusion 6 cm x 1- 1/2 cm on the back towards right side 6 cm below the right scapula. 4. Contusion 1 cm x 1 cm right side chest over 7th rib below the right nipple. 5. Abrasion 1 cm x 1 cm on the back towards right side 8 cm. below the right scapula. 19. The trial court, on appraisal of evidence, came to the findings that at the time of incident the prosecution party was in peaceful possession of the land in question and with the dismissal of suit the accused persons came there forming an unlawful assembly to extend their possession over half share and interfered in the peaceful possession of Gharroo and Moti in the southern portion of the plot. They first assaulted and caused injuries to the deceased and other victims on prosecution side and injuries on the defence side were caused during the course of incident and according to the learned Sessions Judge, the defence version of the incident was false and accordingly, the learned Sessions Judge convicted and sentenced the appellants under various c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the statements being contradictory to each other with regard to the use of Danda by the prosecution witness. The High Court arrived at the conclusion that the injuries of the accused persons have not been satisfactorily explained. 23. The High Court in the impugned judgment arrived at a definite finding that it is highly doubtful that the complainant party was in exclusive possession of the disputed land at the relevant time and witnesses Sahadeo PW3 and Narayan PW4 cannot be considered to be independent witnesses. A serious doubt has been cast on the credibility of the prosecution version. The High Court allowed the appeal and set aside the conviction and sentence of the appellants and they were acquitted of the offences charged for. 24. The State of U.P., aggrieved by the impugned judgment of the High Court, has filed the present appeal by way of special leave petition under Article 136 of the Constitution. The scope of interference under Article 136 is rather limited. It is settled legal position which has been crystallized in a number of judgments that if the view taken by the High Court is plausible or possible, then it would not be proper for this Court to interfere with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; & (4) the slowness of an appellate court in disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses. 29. In Umedbhai Jadavbhai v. The State of Gujarat 1978CriLJ489 , the Court observed thus: In an appeal against acquittal, the High Court would not ordinarily interfere with the Trial Court's conclusion unless there are compelling reasons to do so inter aliaon account of manifest errors of law or of fact resulting in miscarriage of justice. 30. In B.N. Mutto and Anr. v. Dr. T.K. Nandi [1979]2SCR409 , the Court observed thus: It stems out of the fundamental principle of our criminal jurisprudence that the accused is entitled to the benefit of any reasonable doubt. If two reasonably probable and evenly balanced views of the evidence are possible, one must necessarily concede the existence of a reasonable doubt. But, fanciful and remote possibilities must be left ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to when the High Courts should interfere with an acquittal. In Madan Lal v. State of J&K 1998CriLJ667 , the Court observed as under: 8. ...that there must be "sufficient and compelling reasons" or "good and sufficiently cogent reasons" for the appellate court to alter an order of acquittal to one of conviction.... 33. In Sambasivan and Ors. v. State of Kerala 1998CriLJ2924 , while relying on the case of Ramesh Babulal Doshi (Supra), the Court observed thus: 7. The principles with regard to the scope of the powers of the appellate court in an appeal against acquittal, are well settled. The powers of the appellate court in an appeal against acquittal are no less than in an appeal against conviction. But where on the basis of evidence on record two views are reasonably possible the appellate court cannot substitute its view in the place of that of the trial court. It is only when the approach of the trial court in acquitting an accused is found to be clearly erroneous in its consideration of evidence on record and in deducing conclusions therefrom that the appellate court can interfere with the order of acquittal. 34. In Bhagwan Singh and Ors. v. State of M.P. 2002CriLJ2024 , t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds or on the basis of conjectures and surmises. The case of the prosecution must be judged as a whole having regard to the totality of the evidence. In appreciating the evidence the approach of the court must be integrated not truncated or isolated. In other words, the impact of the evidence in totality on the prosecution case or innocence of the accused has to be kept in mind in coming to the conclusion as to the guilt or otherwise of the accused. In reaching a conclusion about the guilt of the accused, the court has to appreciate, analyse and assess the evidence placed before it by the yardstick of probabilities, its intrinsic value and the animus of witnesses. It must be added that ultimately and finally the decision in every case depends upon the facts of each case. 12. Doubtless the High Court in appeal either against an order of acquittal or conviction as a court of first appeal has full power to review the evidence to reach its own independent conclusion. However, it will not interfere with an order of acquittal lightly or merely because one other view is possible, because with the passing of an order of acquittal presumption of innocence in favour of the accused gets re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der of acquittal. 38. In The State of Goa v. Sanjay Thakran (2007) 3 SCC 755 , this Court relied on the judgment in State of Rajasthan v. Raja Ram 2003 CriLJ 3901 and observed as under: 15. Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. ... The principle to be followed by appellate court considering the appeal against the judgment of acquittal is to interfere only when there are compelling and substantial reasons for doing so. If the impugned judgment is clearly unreasonable, it is a compelling reason for interference. The Court further held as follows: 16. it is apparent that while exercising the powers in appeal against the order of acquittal the court of appeal would not ordinarily interfere with the order of acquittal unless the approach of the lower court is vitiated by some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is presumed to be innocent until proved guilty. The accused possessed this presumption when he was before the trial court. The High court's acquittal bolsters the presumption that he is innocent. 3. There must also be substantial and compelling reasons for reversing an order of acquittal. 41. This Court would be justified in interfering with the judgment of acquittal of the High Court only when there are very substantial and compelling reasons to discard the High Court decision. 42. Following are some of the circumstances in which perhaps this Court would be justified in interfering with the judgment of the High Court, but these are illustrative not exhaustive. i) The High court's decision is based on totally erroneous view of law by ignoring the settled legal position; ii) The High court's conclusions are contrary to evidence and documents on record. iii) The entire approach of the High court in dealing with the evidence was patently illegal leading to grave miscarriage of justice; iv) The High court's judgment is manifestly unjust and unreasonable based on erroneous law and facts on the record of the case; v) This Court must always give proper weight and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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