Telangana High Court
The State Of Telangana vs Pathri Shankar on 22 November, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL NO.542 OF 2024
JUDGMENT:
Heard learned Public Prosecutor for State. The proof of service filed.
2. This Criminal Appeal is filed questioning the acquittal of the respondent/accused vide Judgment dated 29.12.2023 passed in S.C.No.80 of 2020 on the file of the Assistant Sessions Judge, Siricilla, for the offence under Section 307 of the Indian Penal Code, 1860.
3. The case of the prosecution is that on 13.11.2019 at about 08.00 P.M. PW.1, who is the wife of the injured-PW.3, lodged a complaint stating that the respondent/accused attacked her husband with stone on 12.11.2019 at about 07.00 P.M., resulting in which, PW.3 received severe bleeding injuries. On the basis of the said complaint, police have registered a case and investigated into the case and filed charge sheet.
4. Learned Trial Judge examined PWs.1 to 14 and marked Exs.P.1 to P.12 and M.O.1-stone that was allegedly used to hit PW.3 was also placed on record.
5. Learned Sessions Judge acquitted the accused by giving the following reasons:
i) Though PW.1 stated that teeth of her husband were broken, PW.11, who treated PW.3, has stated that he did not find any such injury;
ii) neither during investigation nor during the trial, proof was provided to show that the teeth of PW.3 were broken;
iii) Admittedly there are civil disputes in between accused and the complainant;
iv) PWs.1, 3 and 11 gave different versions regarding PW.3 gaining consciousness after allegedly being assaulted by the accused;
v) the statement of PW.3 was recorded after six days of the date of alleged incident, which was not explained by the prosecution.
vi) witnesses stated that it was completely dark at 07.00 P.M. as such the identity of the accused becomes doubtful.
6. Learned Assistant Public Prosecutor would submit that there is no necessity for PWs.1 and 3 to state against the accused that he has assaulted PW.3 with a stone. Though there were disputes, it cannot be said that if some other person had injured PW.3, they would have taken the name of the accused.
7. On the other hand, learned counsel appearing for the accused supported the findings of the learned Sessions Judge.
8. In cases of acquittal, the Hon'ble Supreme Court in Ravi Sharma v. State (Government of NCT of Delhi) and another 1, held that while dealing with an appeal against acquittal, the appellate Court has to consider whether the trial Court's view can be termed as a possible one, particularly when evidence on record has been analysed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused. Thus, the appellate Court has to be relatively slow in reversing the order of the trial 1 (2022) 8 Supreme Court Cases 536 court rendering acquittal.
9. In Ghurey Lal v. State of Uttar Pradesh 2 the Hon'ble Supreme Court after referring to several Judgments regarding the settled principles of law and the powers of appellate Court in reversing the order of acquittal, held at para 70, as follows:
"70. In the light of the above, the High Court and other appellate Courts should follow the well-settled principles crystallized by number of Judgments if it is going to overrule or otherwise disturb the trial court's acquittal:
1. The appellate court may only overrule or otherwise disturb the trial court's acquittal if it has "very substantial and compelling reasons" for doing so.
A number of instances arise in which the appellate court would have "very substantial and compelling reasons" to discard the trial court's decision. "Very substantial and compelling reasons"
exist when:
i) The trial court's conclusion with regard to the facts is palpably wrong:
ii) The trial court's decision was based on an erroneous view of law;
iii) The trial court's judgment is likely to result in "grave miscarriage of justice";
iv) The entire approach of the trial court in dealing with the evidence was patently illegal;
v) The trial court's judgment was manifestly unjust and unreasonable;
vi) The trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/report of the ballistic expert, etc. 2 (2008) 10 Supreme Court Cases 450
vii) This list is intended to be illustrative, not exhaustive.
2. The appellate court must always give proper weight and consideration o the findings of the trial court.
3. If two reasonable views can be reached__ one that leads to acquittal, the other to conviction __the High Courts/appellate courts must rule in favour of the accused."
10. The Hon'ble Supreme Court held in the above Judgments that when an appeal is filed against acquittal, unless, there are compelling circumstances, the appellate Court cannot interfere with the order of acquittal.
11. The contradictions in between PWs.1, 3, 4, 5 and 11 regarding PW.3-injured regaining consciousness goes to the root of the case. PW.4 says that PW.3 gained consciousness after one and half hours. PW.1 states that PW.3 gained consciousness on the next day. PW.5 says PW.3 was conscious after being injured and according to PW.3, he regained consciousness after six (06) days. PWs.9 and 10, acted as mediators during the seizure of M.O.1-stone, turned hostile and did not support the case of prosecution.
12. Further the prosecution evidence regarding PW.3 loosing his teeth was not proved by providing any medical record. On the basis of the serious lacunas, which goes to the root of the case, learned Sessions Judge deemed it appropriate to acquit the accused.
13. The reasons given by the learned Sessions Judge, as discussed above, are reasonable and based on record, which creates any amount of doubt regarding the prosecution version being correct. For the said reasons, the appeal filed by the State deserves to be dismissed as there are no compelling reasons for reversing the order of acquittal.
14. Accordingly, this Criminal Appeal is dismissed.
Pending miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE K.SURENDER Date: 22.11.2024 ynk