TaxTMI 
TaxTMI 
2024 (9) TMI 1716
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....ka preferred Criminal Appeal No. 1544 of 2006 before the High Court. By the impugned judgment dated 29.03.2011, a Division Bench of the High Court reversed the acquittal judgment passed by the Trial Court and held all five accused guilty of offences punishable under Sections 143, 147, 148, 120B and 302 read with 149 IPC. 2. Aggrieved thereby, all the five accused persons joined together in filing this appeal before this Court. However, as they failed to surrender after their application for exemption from surrendering was rejected, the appeal stood dismissed in its entirety, pursuant to the order dated 01.03.2012. Thereafter, upon the surrender of Ramesh, Kumara and Praveen Alexander, Appellant Nos. 1, 2 and 5, the appeal was restored in so far as they were concerned. The appeal was admitted on 28.03.2016 and at that time, this Court dismissed the appeal in so far as Appellant Nos. 3 and 4 were concerned, as they had not surrendered. Praveen Alexander, Appellant No. 5, expired thereafter and taking note of the same, vide order dated 01.04.2019, this Court dismissed the appeal in so far as he was concerned on the ground of abatement. In effect, only Appellant Nos. 1 and 2 remain ....
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....o. 26 of 2005 was registered. 6. Twenty-five witnesses were examined by the prosecution to prove its case. Documents and material objects were also marked in evidence. Noting that the deceased had suffered as many as 21 external injuries and 4 internal injuries, the Trial Court held that he had suffered a homicidal death. The partner of the deceased, M. Ramaiah (PW-1) was the star witness for the prosecution as he described, in great detail, the attack upon the deceased by each of the accused. In his deposition before the Trial Court, he named the accused, one by one, with full particulars of the weapons wielded by each of them. He stated that there were 10 people at the bus stand but no efforts were made by those present at the scene to intervene and rescue the deceased, as the accused could have assaulted them also. He then stated that the deceased was shifted in a white Maruti Van to St. John's Hospital, Bangalore, and Munikrishnappa (PW-2) and Venkatesh (PW-3) along with Muniswamy, the younger brother of the deceased, came with him to the hospital. He stated that their clothes were stained with blood while lifting the deceased. He then stated that he, along with Venu and Man....
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.... shop and that he was taken to the hospital. He claimed that he informed the said fact to one Shivaramareddy, cousin of the deceased, over the phone and Shivaramareddy then came to the spot within 10 minutes. He said that they went to the Jigani Hospital to see Babureddy and came to know that Babureddy was taken to St. John's Hospital, Bangalore. Thereafter, they went to St. John's Hospital and saw that Babureddy had died. 10. The Trial Court duly took note of the discrepancies and contradictions in the above noted depositions of the witnesses. The fact that none of the witnesses tried to intervene and rescue the deceased weighed with the Trial Court. Their conduct in not informing the police despite having mobile phones was also taken note of. The Trial Court noted that none of the witnesses had anything to say about the autorickshaw in which Accused Nos. 2 to 5 allegedly came to the spot. However, R. Shashikumar (PW-11) was produced by the prosecution, who claimed that it was his autorickshaw that was used by the accused persons. According to him, he dropped the accused persons near the bus stand and at that time, another person came there on a scooter and took Accused Nos. 2 ....
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....olice in the first instance, M. Ramaiah (PW-1) did not name Accused Nos. 2 and 5 but in the course of his deposition, he not only named them but also furnished minute details of the attack by each of them. Even the motive attributed to the accused stood diluted as the Investigating Officer admitted that he had not obtained any record in proof of the deceased mediating the alleged sale transaction between Ramesh, Appellant No. 1 and Narayanareddy (PW-10). It was in these circumstances that the Trial Court held that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt and extended the benefit of such doubt to them. 14. However, in appeal, the High Court merely summed up the depositions of the so-called eyewitnesses and baldly concluded that the presence of the eyewitnesses, PWs 1 to 3, could not be doubted. Surprisingly, despite the Trial Court detailing, at great length, the contradictions and discrepancies in their depositions, the High Court observed that the Trial Court had not pointed out any major contradictions which would discredit the evidence of PWs 1 to 3 and the evidence of other witnesses. According to the High Court, the evidence adduc....