(v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. (Vide Madan Lal v. State of J&K¹, Ghurey Lal v. State of U.P.2, Chandra Mohan Tiwari v. State of M.P.3 and Jaswant Singh v. State of Haryana4.)"
(v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. (Vide Madan Lal v. State of J&K¹, Ghurey Lal v. State of U.P.2, Chandra Mohan Tiwari v. State of M.P.3 and Jaswant Singh v. State of Haryana4.)"
(v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. (Vide Madan Lal v. State of J&K¹, Ghurey Lal v. State of U.P.2, Chandra Mohan Tiwari v. State of M.P.3 and Jaswant Singh v. State of Haryana4.)"
(v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. (Vide Madan Lal v. State of J&K¹, Ghurey Lal v. State of U.P.2, Chandra Mohan Tiwari v. State of M.P.3 and Jaswant Singh v. State of Haryana4.)"
(v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. (Vide Madan Lal v. State of J&K¹, Ghurey Lal v. State of U.P.2, Chandra Mohan Tiwari v. State of M.P.3 and Jaswant Singh v. State of Haryana4.)"
In 'Jaswant Singh v. State of Haryana' (supra) also, it
was only held that the act of the State was neither without jurisdiction nor
contrary to the provisions of the rules. However, in both of these
judgments, there was no discussion as to whether each and every
negligence attributed to an employee will be sufficient for the State to
Civil Writ Petition No.10565 of 1989 17
recover the loss caused by the employee due to his act of negligence.
(v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. (Vide Madan Lal v. State of J&K¹, Ghurey Lal v. State of U.P.2, Chandra Mohan Tiwari v. State of M.P.3 and Jaswant Singh v. State of Haryana4.)"
(v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed. (Vide Madan Lal v. State of J&K¹, Ghurey Lal v. State of U.P.2, Chandra Mohan Tiwari v. State of M.P.3 and Jaswant Singh v. State of Haryana4.)"
56. The principle laid down inthe above case was also relied on by the Hon'ble Supreme Court in the case of Jaswant Singh v. State of Haryana (2000) 4 JT (SC) 114 : AIR 2000 SC 1833 and it was held that the emphasis is on physical presence and promotion or facilitation of the crime. In the instant case we find in the evidence on record that all the four accused armed with spears and lathi, in order to wreck vengeance as sequel to the morning quarrel between children, raided the house of Ram Awadh deceased. This shows that all the accused had premeeting of their mind and had common intention to commit the offence complained and all were present on the spot at the time of commission of the offence. Therefore, the above presence of all the accused who in one way or the other facilitated the execution of the common design, is itself tantamount to actual participation in the criminal act. Thus the approach of the trial Court in ignoring the liability of all the accused persons specially Mohar, Tikori and Tapsi on the ground that they had not actually participated in causing injuries to the deceased and injured was demonstrable perversity.