2023 (9) TMI 1489 - SC - Indian Laws

Supreme Court restores trial court acquittal after High Court failed to properly re-appreciate evidence under Section 378 CrPC

H.D. Sundara and Ors. Versus State of Karnataka

The SC set aside the HC's order overturning a trial court acquittal under Section 378 CrPC. The HC failed to properly re-appreciate evidence, record ... Applicability of Section 149 of Indian Penal Code - acquittal Under Section 378 of Code of Criminal Procedure - order of acquittal overturned by High Court - HELD THAT:- There is no discussion about the testimony of eyewitnesses for deciding whether their testimony could be believed. In fact, there are no findings recorded by the High Court after re- appreciating the evidence. There is not even a finding to indicate that the High Court considered the question whether the view taken by the Trial Court was a possible view. Without recording any reasons and without recording any finding regarding the role played by the Appellants individually and collectively, the High Court has jumped to the conclusion that the guilt of the Accused has been established. The judgment does not throw any light on the question who were the authors of the injuries sustained by the deceased and the injured witnesses. There is no finding as to how Section 149 of Indian Penal Code gets attracted. The only conclusion which can be drawn is that the High Court, as an Appellate Court, while hearing the appeal against acquittal, has not done its duty. The Trial Court found that the failure to investigate the cause of injury suffered by the Accused No. 1 is a serious lacuna in a prosecution case. On facts, it is further noted by the Trial Court that on the basis of prior complaint filed by the Accused No. 1 - Appellant No. 1 alleging commission of assault by PW-1, PW-2, PW-7, and PW-12, all of them got anticipatory bail from the competent court. The impugned judgment dated 21st September 2010 is set aside - appeal allowed. Issues:- Appeal against the impugned judgment of the High Court overturning the order of acquittal by the Sessions Court.- Conviction of the Appellants under Part I of Section 304 and Section 324 read with Section 149 of the Indian Penal Code, 1860.- Death of some Accused during trial and appeal.- Submissions regarding the High Court judgment and delay in FIR registration.- Principles governing appellate jurisdiction in cases of appeal against acquittal.- Lack of discussion on eyewitness testimony and findings by the High Court.- Consideration of Trial Court analysis and findings.- Conclusion of the Appellate Court and setting aside of the impugned judgment.Detailed Analysis:1. The appeal was filed challenging the High Court's decision overturning the Sessions Court's acquittal and convicting the Appellants under relevant sections of the Indian Penal Code. The factual background involved a dispute over property leading to a violent incident where the victims were assaulted by the Appellants with various weapons. The Trial Court initially acquitted all Accused, but the High Court intervened and convicted them based on the evidence presented.2. The death of some Accused during the trial and appeal process was noted, leading to the abatement of their part in the case. Submissions by the defense highlighted issues with the High Court judgment, including lack of specific findings on individual roles and applicability of Section 149 of the IPC, as well as delays in FIR registration and addressing injuries suffered by the Accused.3. The Appellate Court considered the principles governing appellate jurisdiction in cases of appeal against acquittal, emphasizing the need to re-appreciate evidence and determine if the Trial Court's view was a possible one based on the evidence. The Court noted that the High Court failed to provide a detailed discussion on eyewitness testimony and findings, essential for establishing guilt beyond a reasonable doubt.4. After a detailed analysis of the Trial Court's findings and evidence presented, the Appellate Court concluded that the Trial Court's acquittal was based on possible conclusions supported by the evidence. The Court highlighted the failure to investigate injuries suffered by the Accused and prior complaints filed, leading to the decision to set aside the High Court's judgment and release the Appellants unless detained in connection with another case.5. The appeal succeeded, and the impugned judgment was set aside, emphasizing the importance of thorough consideration of evidence and adherence to legal principles in cases of appeal against acquittal.