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TMI Blog2023 (9) TMI 1489X X X X Extracts X X X X X X X X Extracts X X X X ..... ing any reasons and without recording any finding regarding the role played by the Appellants individually and collectively, the High Court has jumped to the conclusion that the guilt of the Accused has been established. The judgment does not throw any light on the question who were the authors of the injuries sustained by the deceased and the injured witnesses. There is no finding as to how Section 149 of Indian Penal Code gets attracted. The only conclusion which can be drawn is that the High Court, as an Appellate Court, while hearing the appeal against acquittal, has not done its duty. The Trial Court found that the failure to investigate the cause of injury suffered by the Accused No. 1 is a serious lacuna in a prosecution case. On fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowed them. On the road to the village, he found that PW-2 (Sundara) and PW-6 (Ravi) were sitting on a culvert. When he was talking to them, they heard the hue and cry from the village, and therefore, they rushed to the village and found that the Appellants, who are relatives of PW-1, were holding various weapons like sticks, kathi and club and they were assaulting Manjunatha and Shivarama. It is alleged that Accused No. 1-Mariyappa assaulted Shivarama by using a club. Accused No. 8-Puttappa also assaulted Manjunatha by using a club. Accused No. 7- Rajappa used a stick as a weapon of assault for assaulting Shivarama. Accused No. 5-Somashekara stabbed Shivarama by using a knife. Accused No. 6-Krishnappa assaulted Manjunatha on his head by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-Somashekar has been incarcerated for five years and three months. SUBMISSIONS 5. Mr. S. Nagamuthu, the learned Senior Counsel appearing for the Appellants submitted that the High Court did not apply its mind to the evidence on record. Moreover, the High Court has not recorded any finding that the only conclusion possible was that the guilt of the Accused has been established beyond a reasonable doubt. Without recording any such finding, the High Court has overturned the order of acquittal. Moreover, no specific finding is recorded by the High Court that every Accused or any particular Accused caused the death of the two deceased persons. He pointed out that there is no finding about the applicability of Section 149 of Indian Penal Code. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overn the exercise of appellate jurisdiction while dealing with an appeal against acquittal Under Section 378 of Code of Criminal Procedure can be summarised as follows: (a) The acquittal of the Accused further strengthens the presumption of innocence; (b) The Appellate Court, while hearing an appeal against acquittal, is entitled to re-appreciate the oral and documentary evidence; (c) The Appellate Court, while deciding an appeal against acquittal, after re-appreciating the evidence, is required to consider whether the view taken by the Trial Court is a possible view which could have been taken on the basis of the evidence on record; (d) If the view taken is a possible view, the Appellate Court cannot overturn the order of acquittal on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e view taken by the Trial Court is a possible view, the Appellate Court cannot interfere with the order of acquittal on the ground that another view could have been taken. 9. There is one more aspect of the matter. In many cases, the learned Trial Judge who eventually passes the order of acquittal has an occasion to record the oral testimony of all material witnesses. Thus, in such cases, the Trial Court has the additional advantage of closely observing the prosecution witnesses and their demeanour. While deciding about the reliability of the version of prosecution witnesses, their demeanour remains in the back of the mind of the learned Trial Judge. As observed in the commentary by Sarkar on the Law of Evidence, the demeanour of a witness ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Trial Court has made a very detailed analysis of the depositions of the witnesses. The incident was of 9:00 p.m. The Trial Court noted that at 11:40 p.m. on the date of the incident, PW-1 was examined by a doctor in a hospital. FIR was not lodged immediately thereafter. It was registered at 1:30 a.m. on the next date. The Trial Court noted that the Appellant No. 1's thumb was disfigured. For this grievous injury suffered by the Appellant No. 1 - Accused No. 1, there was no explanation by the prosecution. 13. The Trial Court found that the failure to investigate the cause of injury suffered by the Accused No. 1 is a serious lacuna in a prosecution case. On facts, it is further noted by the Trial Court that on the basis of prior ..... X X X X Extracts X X X X X X X X Extracts X X X X
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