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TMI Blog1971 (8) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... e Chaura and their houses faced each other with a narrow intervening lane. A village pathway ran in front of their houses from north to southeast and the Rathkhana of Jadunath singh lay close to it. Appellant, Devsingh, is the husband of the sister of Jadunath singh and had been living with him for a few years before the incident. The appellant, Surjan singh, was a cousin of Jadunathsingh's wife while the appellant, Sheoraj singh, was related to Devsingh. Govindsingh of village Hareora, an uncle-in-law of Jadunath singh had a daughter named Bitana who had been married to one Mashal singh. Rishipalsingh, son of Gajrajsingh, deceased, had eloped with Bitana and was living in the house of Gajraj as man and wife This misconduct of Rishipal Singh was resented by the relations of Govindsingh and they wanted the girl to be sent back to her father's place. On December 21, 1963 at about 4 in the afternoon, Gajraj who was returning home from village Kilapur was accosted by Jadunathsingh in front of his Rathkhana and asked to send Bitana back to her father's house with Surjan Singh Gajraj replied that he had no hand in the matter and Jadunath should speak to Rishipal. An altercati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... caused by gunshot as alleged. The prosecution rested on the evidence of Rishipal, Sohanpal and Najju and Prithviraj who were examined as eye witnesses. Raghunandan and Bitana (P.Ws. 9 and 11) testified to the dying declaration made by the deceased. Rishipal and Bitana also gave evidence of motive. 6. As the conclusion of the High Court was entirely different from that of the Sessions Court, we were taken through the evidence of the eye witnesses and the other relevant evidences. 7. According to P.W. 1, Rishipal Singh, he heard an altercation between Jadunath Singh and his father and the command of Jadunathsingh to Dev Singh, Surjan Singh and Sheoraj Singh to beat his father up and Jadunath Singh further said that if any body tried to intervene he would beat them. When Rishipal tried to intervene, Jadunath Singh fired five to six shots from his gun the pellets whereof hit him and Sohanpal The accused thereafter ran away. Gajraj was alive and was speaking. The witness sent his brother to bring a cart but none was available and it had become dark. Being afraid of the party of the accused he did not go to the police station in the night. Next day, the three injured persons including ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith a lathi. As they tried to save Gajraj, Jadunath Singh fired from his gun. 13. P.W. 5, Najju, said that he was seated at the door of Gajraj close to Rishipal when the incident took place. His evidence was on the same lines as of the other witnesses already mentioned. P.W. 7, Prithvi Raj said that he was coming to his house from his field a little before sunset on the day of the incident. Hearing an alarm he had gone to the spot and found the appellants Dev Singh, Surjan and Sheoraj assaulting Gajraj. 14. Bitana, P.W. 11 also spoke about the incident and about her marriage with Rishipal Singh. She said that out of fear she had run to the house of Raghunandan Singh and she heard Gajraj say that Surjan Singh, Sheoraj and Dev Singh had beaten him on account of her. 15. The High Court took the view that the findings of the trial Judge were not based on a reasonable appreciation of evidence and their acquittal had resulted in a miscarriage of justice. 16. The trial Judge took the view that there could be no sufficient motive for the accused to commit the murder of Gajraj Singh, on the contrary, it was possible that Rishipal had an eye on the property of Jadunath Singh who was in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad gone out on hearing the alarm raised by Gajraj. The suggestion, to our mind, is not one that merits serious consideration Even if the incident had taken place early in the morning as suggested Rishipal's presence at the spot would not be unnatural but the same cannot be said of the other two injured persons. According to the Sessions Judge "the incident had possibly taken place some time in the night". This to our mind is not a suggestion worthy of acceptance. The High Court held that Maharam, P.W. 4, belonged to a different fraternity and the same was the case with Hajju and no reason had been adduced to show that they had made a common cause against the accused. 18. The Sessions Judge also held that as there was no mention of the dying declaration in the first information report, there was reason for holding that it was not a genuine report. The High Court held that this circumstance could not belie the story of the dying declaration and was satisfied that Raghunandan and Bitana must have gone to see the deceased and "it was not inherently improbable if on their questioning the injured person had given out the name of his assailants". According to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one a grievous wrong to the uncle-in-law of Jadunath, It is quite likely that Gajraj's attitude in refusing to aid in the return of Bitana to her father after the launching of the criminal case by Mashal Singh had considerably upset Jadunath and his group. Besides, it is difficult to believe that three persons who received gunshot injuries which were not grievous could fail to notice their real assailants and would not mention their names in the first information report but implicate persons who were not guilty even if it be a fact that there was some enmity between some of the prosecution witnesses and the accused. Once the time of the incident is fixed at 4 p.m. in the afternoon or sometime before sunset, it is not possible to hold that the injured persons would not be able to spot and recognise their assailants. 22. This Court has consistently taken the view that in an appeal against acquittal the High Court has full power to review at large all the evidence and to reach the conclusion that upon that evidence the order of acquittal should be reversed This power of the appellate Court in an appeal against acquittal was formulated by the Judicial Committee of the Privy Counci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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