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Supreme Court of India

State Of U.P vs Naresh And Ors on 8 March, 2011

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Supreme Court of India
State Of U.P vs Naresh And Ors on 8 March, 2011
Author: ………………………J.
Bench: P. Sathasivam, B.S. Chauhan
                                                                           REPORTABLE




                 IN THE SUPREME COURT OF INDIA

             CRIMINAL APPELLATE JURISDICTION


                 CRIMINAL APPEAL NO.674 of 2006




State of U.P.                                                 ...Appellant


                                      Versus


Naresh & Ors.                                                    ...Respondents





                               J U D G M E N T

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred against the judgment and order

dated 19.5.2004 passed by the High Court of Judicature at Allahabad

in Criminal Appeal No.2866/1980, acquitting the respondents by

reversing the judgment and order dated 9.12.1980, passed by the

Sessions Judge in Sessions Trial Nos.181 and 182 of 1980, convicting

the said respondents under sections 302/34, 307/34 and 379/34 of the

Indian Penal Code, 1860 (hereinafter called the `IPC’) and sentencing

them under the first count to life imprisonment, under the second

count to rigorous imprisonment for 5 years and under the third count

to rigorous imprisonment for 2 years. However, all the sentences

were directed to run concurrently.

2. Facts and circumstances giving rise to this appeal are that on

16.10.1979, in the morning Naresh, respondent no.1 herein, started

digging the (Chak Road) to create a passage from the field of the

informant Subedar (PW.1). He was stopped by Balak Ram (PW.5).

Naresh, respondent no.1, not only abused Balak Ram (PW.5), but also

assaulted him and threatened him that he would face dire

consequences. With regard to this, Balak Ram (PW.5) lodged the

complaint of the incident at about 9.30 a.m. in Police Station, Kampil,

District Farukhabad. Balak Ram (PW.5) was accompanied to the

police station by the informant Subedar (PW.1) and their uncle Sri

Ram (deceased). Balak Ram (PW.5) and Sri Ram (deceased) had a

rifle and a gun with them.

3. After lodging the complaint in the police station, Kampil, one

of them, went to the market to make some purchases and,

subsequently, they returned to their village in the evening. While

coming back to their village Karanpur, from Kampil, at about 5 p.m.

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on Kampil – Aliganj Road, as soon as they approached the fields of

Gajraj and Ganga Ram; they found the four accused (respondents

herein) emerging out from the bushes armed with gun and country

made pistols. They hurled abuse at them and also opened fire. Sri

Ram and Balak Ram (PW.5) received gun shot injuries. Sri Ram died

on the spot, however, Subedar (PW.1) escaped unhurt. After hearing

a distress cry, some persons working in the nearby fields rushed

towards the place of occurrence. The accused ran away from the

place of occurrence snatching the gun, rifle and ammunitions from the

victims.

4. After the arrival of the family members of the victims and some

villagers at the place of occurrence, Subedar (PW.1) went to the

police station in Kampil, at a distance of 6 miles from the place of

occurrence, and lodged the First Information Report (hereinafter

called the “FIR”) at 9.30 p.m. naming all the accused. Injured Balak

Ram (PW.5) was sent for a medical examination at Public Health

Centre, Kayamganj which was at a distance of 20 k.m from the place

of occurrence. He was examined on the same day by Dr. R.C. Gupta

(PW.3) at 10.30 p.m. The Investigating Officer reached the place of

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occurrence at 10.15 p.m. on the same night, however, the inquest

could not be prepared at night due to inadequate light.

5. Ultimately, inquest proceedings could be started at 6.30 a.m. on

17.10.1979. The body of Sri Ram (deceased) was sealed and handed

over to Sughar Singh, Constable (PW.9) for taking to the mortuary for

post-mortem at Fatehgarh. The I.O. prepared the site plan and started

investigation. As none of the accused could be traced, proceedings

under Sections 82-83 of the Code of Criminal Procedure, 1973

(hereinafter called “Cr.P.C.”) were initiated on 21.10.1979. For that

purpose, the Magistrate issued notices on 25.10.1979. In view

thereof, two accused, namely, Naresh and Shyam Singh surrendered

on 25.10.1979 in the court of the Judicial Magistrate. The remaining

two accused, namely, Bharat and Jagpal surrendered on 29.10.1979.

6. After completing the investigation, a chargesheet was filed

against all the four accused. They denied their involvement in the

crime and claimed trial. In order to establish its case before the trial

Court, the prosecution examined 11 witnesses including Subedar

(PW.1), informant and Balak Ram (PW.5), injured. After concluding

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the trial, the trial Court convicted and sentenced all the four accused

as mentioned hereinabove.

7. Being aggrieved, all the four convicts preferred Criminal

Appeal No.2866/1980, before the High Court which has been allowed

vide judgment and order dated 19.5.2004 (impugned) and all the four

convicts stood acquitted. Hence, this appeal.

8. During the pendency of this appeal before this Court, Bharat,

one of the accused died and his name stood deleted from the array of

parties vide order of this Court dated 5.5.2006. Thus, we have to deal

with three accused, namely, Naresh, Jagpal and Shyam Singh.

9. Shri R.K. Gupta, learned counsel appearing for the appellant-

State has submitted that the High Court has erred in reversing the well

reasoned judgment of the trial court giving unwarranted attention to

minor contradictions on trivial matters and taking into consideration

non-existent facts. The High Court has held that the FIR was ante-

timed and ante-dated without giving any reason whatsoever. The

High Court held that the FIR was subject to doubt, though such a

finding does not get any support from any material on record. The

FIR has been lodged most promptly considering the distance between

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the place of occurrence and the police station. Balak Ram (PW.5) –

injured witness had been examined by Dr. R.C. Gupta (PW.3) within

a few hours of the incident. Therefore, the finding that the FIR was

ante-timed and ante-dated is erroneous and contrary to the documents

on record. The High Court without giving any cogent reason held that

testimony of Balak Ram (PW.5) who suffered gun shot injuries, was

not worth believing. Such a view is contrary to the consistent and

persistent view taken by this Court time and again that the presence of

injured witness cannot be doubted and his version of events can, even

in exceptional circumstances, be relied upon with care and caution.

The High Court reversed the trial court’s judgment also on the ground

that not a single independent witness has been examined by the

prosecution. Such a finding has been recorded without considering

the fact that incident occurred in the evening at a considerable

distance from the village on the road and some persons had arrived

after hearing the hue and cry by Balak Ram (PW.5) and Subedar

(PW.1). By that time, the accused had run away, snatching the arms of

the victims. In view thereof, the appeal deserves to be allowed and

the judgment and order of the High Court is liable to be set aside.

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10. On the contrary, Shri Manoj Prasad, learned counsel appearing

for the respondents, has vehemently opposed the appeal contending

that the incident occurred three decades ago. The respondents have

been acquitted by the High Court after considering all the material on

record. In respect of the incident that occurred on the morning of

16.10.1979, Balak Ram (PW.5) lodged the complaint on the basis of

which NCR was recorded, wherein only Naresh, accused had been

named. The not naming of the other accused is a good ground for

rejecting the prosecution case in its entirety. The finding of fact

recorded by the High Court cannot be said to be perverse warranting

interference by this Court. No recovery of arms and ammunitions

had been made from the respondents/accused. The rifle and gun

which were allegedly snatched from the victims had been recovered

after a long time from the dacoits killed in an encounter in District

Etah. The High Court has rightly disbelieved Balak Ram (PW.5) on

the basis of material contradictions in his deposition. This Court has

laid down definite parameters for interference with the order of

acquittal and this case does not fall within those parameters. Thus,

there is no cogent reason for this Court to interfere with the same.

Prosecution suppressed the true genesis of the incident and enroped

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the respondents due to pre-existing enmity. The prosecution failed to

prove its case beyond reasonable doubt. Thus, no interference is

warranted, the appeal lacks merit and is liable to be dismissed.

11. We have considered the rival submissions made by learned

counsel for the parties and perused the record.

12. The admitted facts of the case remained that the incident

occurred on the morning of 16.10.1979 in respect of which the NCR

was recorded by the police station in Kampil, naming Naresh as one

of the accused. The FIR, in respect of the incident that occurred on

the same day in the evening, was lodged within 3-1/2 hours of the

time of incident at police station, Kampil at a distance of about 6

miles from the place of occurrence; the I.O. reached the place of

occurrence at 10.15 p.m. Balak Ram (PW.5) injured, had been

examined in the Public Health Centre, Kayamganj at 10.30 p.m. on

the same day by Dr. R.C. Gupta (PW.3) at a distance of 20 k.m. from

the place of occurrence.

13. Dr. R.C. Gupta (PW.3) found the following injuries on the

person of Balak Ram (PW.5):

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(i) Two abrasions in a area of 1 cm x < cm over outer side of right

forearm, lower part. Scab not formed.

(ii) Gun shot wound of entry 4 cm x 2 cm x through and through over

inner aspect of right thigh middle part. Margins are irregular and

inverted. Blackening and tattooing around the wound absent.

Direction is down and lateral. Oozing of fresh blood from the wound

present. Advised X-ray.

(iii) Guns shot wound of exit 17 cm x 8 cm x through and through

over outer side of right thigh 5 cm above the right knee joint. Margins

are irregular and everted. Blackening and tattooing absent. Oozing of

fresh blood present. Advised X-ray.

Injury No.1 is caused by friction. Injury Nos.2 and 3 are caused

by projectile firearm. Injury No.1 is simple in nature. Injury nos.2

and 3 are kept under observation. Advised X-ray right thigh.

Duration fresh.

Dr. Anil Kumar Dubey (PW.2) conducted the post-mortem

examination on the body of Sri Ram (deceased) and found the

following ante-mortem external injury on his corpse:-

(i) Circular gun shot wound of entry 1″ in diameter and chest cavity

deep situated on the right side of the back of the chest, 3″ below the

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lower angle of the right scapula and 3″ away from the mid line in the

direction of 3 O’ clock. The margins of the wound were inverted and

charred.

On internal examination of the corpse of Sri Ram, Dr. Dubey

found 6th, 7th and 8th ribs broken under the external injury said above.

Beneath, he found the pleura and the right lung lacerated. All the four

chambers of the heart were empty. He found 2 lbs of free blood in

thoracic cavity. The upper lobe of the liver was lacerated. Right side

of the diaphragm also was lacerated. The stomach was empty. The

intestines had faecal matter and gas. In the thorax Dr. Dubey had

found a piece of wadding and 20 small shots respectively Exc.1 and 2.

14. The trial Court after considering the evidence on record came to

the conclusion that the FIR had been lodged most promptly at about

9.30 p.m. on the same date naming all the four accused. The High

Court doubted the FIR and labeled the same to be ante-timed or ante-

dated. Deposition of Constable Sughar Singh (PW.9) before the court

revealed that the dead body had been handed over to him for the

purpose of post-mortem on 17.10.1979 at 8 a.m. after having

panchnama and sealing thereof, he reached Fatehgarh Police line

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along with Constable Ram Chand in a Tonga and got the entry made

in the Rojnamcha. Post-mortem was conducted on 18-10-1979 at

about noon on his identification of the dead body. The dead body

remained in sealed condition throughout and nobody had any occasion

to touch it. Record further reveals that Constable Sughar Singh

(PW.9) was not cross-examined by any of the respondents accused

nor any such question had been put to Dr. A.K. Dubey (PW.2) who

had conducted the post-mortem in this regard. According to Dr.

Dubey, Sri Ram could have died on 16.10.1979 at about 5-7 p.m. He

has not been cross-examined as to under what circumstances the post-

mortem could not have been conducted at an earlier point of time.

15. The High Court has believed the theory put forward by the

defence that the guns looted from the victims had been recovered

from the dacoits who were killed in an encounter on 14-15 November,

1979 in Etah District. Therefore, there had been some manipulation

in the prosecution’s case. None of the respondents accused had taken

this defence in their statement under 313 Cr.P.C. Naresh, respondent

no.1 had stated that he was not aware of the same. When a specific

question was put to him he replied that he had also heard that in an

encounter 6 dacoits had been killed in District Etah and some arms

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and ammunitions had been recovered from them. He had not stated

anywhere that the said arms and ammunitions had been looted by

those dacoits or had been recovered from them. This suggestion was

also put to Balak Ram (PW.5) when examined on 30.8.1980 and he

has stated that he had not been aware that their rifle and gun had been

recovered from the dacoits killed in an encounter in District Etah. In

fact, Inspector Charanpal Singh (PW.11) had deposed first time on

11.11.1980 that 6 dacoits had been killed in an encounter in District

Etah and some arms and ammunitions were recovered from them and

out of the said recovered arms, namely, rifle – Ex.7, gun – Ex.8 and

some ammunitions – Ex.9 were produced in the court.

16. The High Court has doubted the case of the prosecution for

non-recovery of the arms from the respondents accused. The High

Court failed to appreciate that as the incident occurred on 16.10.1979

and none of these accused were traceable, the Investigating Officer

filed an application for initiating proceedings under Sections 82-83

Cr.P.C. on 21.10.1979. Proceedings of attachment of immovable

property were drawn on 25.10.1979. In consequence thereof, two

accused surrendered in the court on 25.10.1979 and the remaining two

surrendered on 29.10.1979. Meanwhile, S.I. Brijendra Singh (PW.7),

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the I.O. stood transferred to another police station and the

investigation could not be carried out smoothly. Thus, such a ground

would not be sufficient to discredit the prosecution case.

17. The High Court has given undue weightage to the suggestion

made by defence that Surjan Singh, Inspector of U.P. Police, brother

of Balak Ram (PW.5) had been an instrument to the manipulation of

the record, though such a suggestion was denied by S.I. Brijendra

Singh (PW.7), the I.O., stating that Surjan Singh did not meet him on

17.10.1979, but he had met him at a later stage but he could not give

the exact date of meeting. The High Court had unnecessarily doubted

his statement without realising that his statement had been recorded

in the court on 30.8.1980 after about 11 months. The High Court has

given undue importance to the minor contradictions in the statement

of Subedar (PW.1) and Balak Ram (PW.5) as one of them had stated

that the I.O. reached the place of occurrence at 10.15 p.m. and another

has stated that he reached about mid night. The incident occurred in

mid October 1979. This is the time when the winter starts and in such

a fact-situation no person is supposed to keep record of exact time

particularly in a rural area. Everybody deposes according to his

estimate. More so, the statement had been recorded after a long lapse

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of time. Therefore, a margin of 1-1/2 hours remained merely a trivial

issue. The High Court had taken a very serious note of the statement

of Balak Ram (PW.5) in respect of the first incident wherein he had

stated that Naresh, the accused, had initially abused him and then

beaten him with danda but in the FIR he had stated that accused

Naresh had given blow with butt-end of the spade. There was minor

contradiction in the statements of Subedar (PW.1) and Balak Ram

(PW.5) in respect of the first incident of the same date and minor

variations in their statements which persuaded the High Court to

disbelieve the presence of Subedar (PW.1) in the morning incident.

18. The trial Court had taken note of the first incident that occurred

in the morning and considered the same in correct prospective, that in

the morning incident Balak Ram (PW.5) got an injury on his arm as

has been found by Dr. R.C. Gupta (PW.3) and not on the head. The

statement made by Balak Ram (PW.5) may not be correct in this

regard for the reason that he could not remember that he got the injury

on his arm and not on the head. This version is duly supported by the

NCR shown by (Ex. Ka.6). Had there been any concoction in the said

NCR (Ex. Ka.6), either with the police personnel at Kampil Police

Station or at the behest of Inspector Surjan Singh, brother of Balak

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Ram (PW.5), then there could not have been any discrepancy in the

contents thereof. So far as this minor contradiction was concerned,

Constable Shiv Nath Singh (PW.6) was not at all cross-examined in

this respect. No suggestion was put to Constable Shiv Nath Singh

(PW.6), who was examined much later than Subedar (PW.1) in this

regard. In respect of the first incident S.I. Brijendra Singh (PW.7), the

I.O., has stated that he had seen the pits made by Naresh, accused on

the western side of the Chak Road in front of his house. It had not

been a suggestion of any person that the pits had been made by any

person from the complainant party. Presence of the pits was an

important circumstance supporting the prosecution version so far as

the morning incident was concerned and the High Court erred gravely

not taking note of this specific finding by the trial Court.

19. The High Court had doubted the prosecution case that if in

respect of the first incident NCR had been lodged in the morning, why

had the complainant party stayed at Kampil for the whole day? The

trial Court had recorded a finding after scrutiny of the evidence that

12 rowdy persons had been taken into custody and that the police

officers of that police station remained pre-occupied with that

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particular dispute and so not a single constable was available to come

with the complainants.

20. The High Court also fell in error that whilst reaching from the

place of occurrence to the police station, the complainant party

covered the distance in one hour but while coming back in the evening

they had taken a longer time. The time gap was not so much that it

could give rise to any kind of suspicion. Such a trivial issue could not

have been a ground for acquitting the accused. More so, no question

in this regard was put to either of the star witnesses, when they were

cross-examined.

21. The High Court has further found a material contradiction in

the statements of Subedar (PW.1) and Balak Ram (PW.5) and had

made this one of the grounds for the acquittal of the accused

observing:

“To meet the situation Balak Ram claims that he

fell unconscious little after receipt of his injury,

whereas Subedar Singh stated that he immediately

fell unconscious. Therefore, it is not possible for

him to see and notice his assailants. For the said

contradictions the testimony of this witness cannot

be given adequate weightage.”

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In the facts of this case, time gap could be only of few minutes,

thus, it was not even worth taking note of by the High Court.

22. The High Court has doubted the prosecution version also on the

ground that Subedar (PW.1) did not suffer any injury in the said

incident without appreciating his deposition that all of them were

walking at some distance and he was about 7-8 steps behind Sri Ram

(deceased) and Balak Ram (PW.5) and immediately after seeing the

accused persons, he ran backward. After taking 15-20 steps, he saw

that persons working in the surrounding fields had started coming and

then he stopped, and saw the accused taking away the arms and

ammunitions from Sri Ram (deceased) and Balak Ram (PW.5).

23. The High Court has disbelieved Balak Ram (PW.5), who had

suffered the gun shot injuries. His evidence could not have been

brushed aside by the High Court without assigning cogent reasons.

Mere contradictions on trivial matters could not render his deposition

untrustworthy.

The evidence of an injured witness must be given due

weightage being a stamped witness, thus, his presence cannot be

doubted. His statement is generally considered to be very reliable and

it is unlikely that he has spared the actual assailant in order to falsely

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implicate someone else. The testimony of an injured witness has its

own relevancy and efficacy as he has sustained injuries at the time and

place of occurrence and this lends support to his testimony that he was

present during the occurrence. Thus, the testimony of an injured

witness is accorded a special status in law. The witness would not

like or want to let his actual assailant go unpunished merely to

implicate a third person falsely for the commission of the offence.

Thus, the evidence of the injured witness should be relied upon unless

there are grounds for the rejection of his evidence on the basis of

major contradictions and discrepancies therein. [Vide: Jarnail Singh

v. State of Punjab, (2009) 9 SCC 719; Balraje @ Trimbak v. State

of Maharashtra, (2010) 6 SCC 673; and Abdul Sayed v. State of

Madhya Pradesh, (2010) 10 SCC 259].

24. The High Court disbelieved both the witnesses Subedar (PW.1)

and Balak Ram (PW.5) as being closely related to the deceased and

for not examining any independent witnesses. In a case like this, it

may be difficult for the prosecution to procure an independent

witness, wherein the accused had killed one person at the spot and

seriously injured the other. The independent witness may not muster

the courage to come forward and depose against such accused. A mere

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relationship cannot be a factor to affect credibility of a witness.

Evidence of a witness cannot be discarded solely on the ground of his

relationship with the victim of the offence. The plea relating to

relatives’ evidence remains without any substance in case the

evidence has credence and it can be relied upon. In such a case the

defence has to lay foundation if plea of false implication is made and

the Court has to analyse the evidence of related witnesses carefully to

find out whether it is cogent and credible. [Vide Jarnail Singh

(supra), Vishnu & Ors. v. State of Rajasthan, (2009) 10 SCC 477;

and Balraje @ Trimbak (supra)].

25. In all criminal cases, normal discrepancies are bound to occur

in the depositions of witnesses due to normal errors of observation,

namely, errors of memory due to lapse of time or due to mental

disposition such as shock and horror at the time of occurrence. Where

the omissions amount to a contradiction, creating a serious doubt

about the truthfulness of the witness and other witnesses also make

material improvement while deposing in the court, such evidence

cannot be safe to rely upon. However, minor contradictions,

inconsistencies, embellishments or improvements on trivial matters

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which do not affect the core of the prosecution case, should not be

made a ground on which the evidence can be rejected in its entirety.

The court has to form its opinion about the credibility of the witness

and record a finding as to whether his deposition inspires confidence.

“Exaggerations per se do not render the evidence brittle. But it can be

one of the factors to test credibility of the prosecution version, when

the entire evidence is put in a crucible for being tested on the

touchstone of credibility.” Therefore, mere marginal variations in the

statements of a witness cannot be dubbed as improvements as the

same may be elaborations of the statement made by the witness

earlier. The omissions which amount to contradictions in material

particulars i.e. go to the root of the case/materially affect the trial or

core of the prosecution’s case, render the testimony of the witness

liable to be discredited. [Vide: State Represented by Inspector of

Police v. Saravanan & Anr., AIR 2009 SC 152; Arumugam v.

State, AIR 2009 SC 331; Mahendra Pratap Singh v. State of Uttar

Pradesh, (2009) 11 SCC 334; and Dr. Sunil Kumar Sambhudayal

Gupta & Ors. v. State of Maharashtra, JT 2010 (12) SC 287].

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26. The High Court has also fallen into error in giving significance

to a trivial issue, namely, that in respect of the morning incident all

the accused had not been named in the complaint/NCR.

It is settled legal proposition that FIR is not an encyclopedia of

the entire case. It may not and need not contain all the details. Naming

of the accused therein may be important but not naming of the

accused in FIR may not be a ground to doubt the contents thereof in

case the statement of the witness is found to be trustworthy. The court

has to determine after examining the entire factual scenario whether a

person has participated in the crime or has falsely been implicated.

The informant fully acquainted with the facts may lack necessary skill

or ability to reproduce details of the entire incident without anything

missing from this. Some people may miss even the most important

details in narration. Therefore, in case the informant fails to name a

particular accused in the FIR, this ground alone cannot tilt the balance

of the case in favour of the accused. [Vide: Rohtash v. State of

Rajasthan, (2006) 12 SCC 64; and Ranjit Singh & Ors. v. State of

Madhya Pradesh, JT 2010 12 SC 167].

27. We are fully aware of the fact that we are entertaining the

appeal against the order of acquittal. Thus, the Court has to scrutinize

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the facts of the case cautiously and knowing the parameters fixed by

this Court in this regard.

Every accused is presumed to be innocent unless his guilt is

proved. The presumption of innocence is a human right subject to the

statutory exceptions. The said principle forms the basis of criminal

jurisprudence in India. The law in this regard is well settled that while

dealing with a judgment of acquittal, an appellate court must consider

the entire evidence on record so as to arrive at a finding as to whether

the views of the trial court were perverse or otherwise unsustainable.

An appellate court must also consider whether the court below has

placed the burden of proof incorrectly or failed to take into

consideration any admissible evidence or had taken into consideration

evidence brought on record contrary to law? In exceptional cases,

whether there are compelling circumstances and the judgment in

appeal is found to be perverse, the appellate court can interfere with

the order of acquittal. So, in order to warrant interference by the

appellate court, a finding of fact recorded by the court below must be

outweighed evidence or such finding if outrageously defies logic as to

suffer from the vice of irrationality. [Vide: Babu v. State of Kerala,

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(2010) 9 SCC 189; and Dr. Sunil Kumar Sambudayal Gupta &

Ors. (supra)].

28. The instant case is required to be examined in the totality of the

circumstances and in the light of the aforesaid legal propositions. The

Court has to strike a balance in the interest of all the parties

concerned. Thus, there is an obligation on the court neither to give a

long latitude to the prosecution, nor construe the law in favour of the

accused. In view of the aforesaid analysis of facts and evidence on

record, we reach the inescapable conclusion that the High Court has

gravely erred in discarding the evidence of Subedar (PW.1) and Balak

Ram (P.W.5) as a result of merely being relatives of the deceased, Sri

Ram. The High Court further fell into error in not giving due

weightage to the deposition of Balak Ram (P.W.5), a stamped witness,

who had suffered gun shot injuries. The High Court made too much of

insignificant discrepancies, which were made the basis for acquittal.

Thus, we are of the considered opinion that the findings recorded by

the High Court are perverse and cannot be sustained in the eyes of

law.

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29. Thus, the appeal is, accordingly, allowed. Judgment and order

dated 19.5.2004 passed by the High Court is hereby set aside and the

judgment and order of the trial court dated 9.12.1980 passed in

Sessions Trial No. 181 and 182 of 1980 convicting the respondents

under Sections 302/34, 307/34 and 379/37 of IPC and the sentences so

imposed, is restored. As the respondents have been acquitted by the

High Court, the copy of the order be sent to the Chief Judicial

Magistrate, Farukhabad, to take the respondents into custody and send

them to jail to serve the unserved part of the sentence.

………………………J.

(P. SATHASIVAM)

………………………J.

(Dr. B.S. CHAUHAN)

New Delhi,

March 8, 2011

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