Masalti vs State Of U. P on 4 May, 1964
In our view, this aspect is also considered by the
learned Sessions Judge in paragraph 51 wherein the Court has
held that the presence and assault by A1 to A5 is spoken to
by injured eye-witnesses, presence of accused A6 to A8, A10
and A11 is spoken to by PW5, presence of A6 is also spoken
to by PW6, presence of A9, A13 and A17 is spoken to by PW2,
presence of A15, A16 and A18 is spoken to by PW4, presence
of A1, A20 and A22 is spoken to by PW3 and presence of A12
who abetted the offence is spoken to by PW14. PW1 to PW6
have stated the presence of A14, A19 and other acquitted
accused, which establishes that the evidence of these
witnesses discloses the presence of A1 to A22 in the
incident. The learned Sessions Judge has also considered
the evidence of each witness assigning specific overt acts
to the accused. Considering the chart produced by the
learned counsel for the appellants for our perusal and the
findings given by the learned Sessions Judge, it cannot be
said that the court has not followed the rule of
appreciation of evidence in a case where large number of
assailants and victims are involved, as laid down by this
Court in Masaltis case (Supra). The chart given by the
learned counsel clearly indicates that two or more persons
have specifically spoken the presence of the accused.
Witnesses have given consistent account of the incident and
the role played by the individual accused. In this
particular case, the injured eyewitnesses have consistently,
since beginning, assigned specific role to a particular
accused and this aspect has been properly considered by the
learned Sessions Judge. In this view of matter, in our
view, there is no question of giving benefit of doubt to
accused No.14-Tammegowda and accused No.22- Somegowda, as
contended by the learned counsel for the appellants. As per
the chart, the presence and overt acts of accused
No.14-Tammegowda is deposed by PW1 and PW6 and that of
accused No.22-Somegowda is established by PW1 and PW3 and
that at the relevant time he was having club.