IMPORTANT POINT
If the view taken by trial Court while acquitting accused is a possible, reasonable view of evidence, High Court ought not to interfere with acquittal merely because it was possible to take contrary view.

JUDGMENT

B.P. Singh, J.-In this appeal by special leave the appellants are Ram Swaroop and his two sons Ram Kalyan and Hiralal. They alongwith two others namely, - Dakhan, wife of Ram Swaroop and Ram Kanya wife of Ram Kalyan were tried by the Additional District & Sessions Judge, Bundi, in Sessions Case No. 55 of 1986 charged variously of offences under Sections 302, 302/34 and 323 IPC.

2. It was the case of the prosecution that in the occurrence giving rise to the instant appeal, they had assaulted Bhanwarlal, brother of appellant Ram Swaroop, who succumbed to his injuries, and had assaulted and caused injuries to Ram Kanwari (PW-9), wife of the deceased and Madan Lal (PW-8), son of the deceased. The trial court after an exhaustive consideration of the evidence on record came to the conclusion that the prosecution had failed to prove its case beyond reasonable doubt. The witnesses examined by the prosecution in support of its case were not found to be reliable, their evidence was not consistent with the medical evidence on record, and the version disclosed by them was inconsistent. In view of these findings, the trial court acquitted them of all the charges levelled against them.

3. On appeal the High Court affirmed the acquittal of the two female accused, but while acquitting the appellants of the offence punishable under Section 302 IPC convicted them under Section 304 Part II and Section 323 IPC. Appellant Ram Swaroop was sentenced to undergo four years imprisonment and to pay a fine of Rs. 100/- under Section 304 Part II IPC and to undergo six months imprisonment for the offence under Section 323 IPC. Appellants Ram Kalyan and Hiralal were sentenced to undergo four years imprisonment for committing the offence under Section 304 read with Section 34 IPC and six months imprisonment for the offence under Section 323 IPC. The sentences were directed to run concurrently.

4. The occurrence in question is alleged to have taken place at about 6.00 a.m. on 6th June, 1986. A First Information Report was lodged by Madan Lal (PW-8), son of the deceased, at 8.45 a.m. at P.S. Sadar, Bundi. It was reported by the informant that in the morning at about 6.00 a.m. his aunt Dakhan started abusing his mother Ram Kanwari (PW-9) on account of the fact that she had plastered with mud a common well between the houses of the accused and the deceased. His father Bhanwarlal, deceased, approached Chaturbhuj (not examined) and Gopal (PW-7), who were sitting on the platform near Shiva Temple requesting them to persuade Dakhan not to abuse his wife. Soon thereafter appellant Ram Swaroop, appellant No. 1, and his son Ram Kalyan and Hiralal, appellants 2 and 3 came running from their house to the said platform of Shiva Temple. Ram Swaroop assaulted Bhanwarlal with a lathi several times with a view to killing him. He fell down and became unconscious. When the informant was attempting to run to the place of occurrence and had come in front of the house of appellant Ram Swaroop, Dakhan and Ram Kanya (both since acquitted) caught hold of him and beat him with sticks. In the meantime the appellants came there and Hiralal hit him on his head with a lathi while Ram Kalyan hit him with a lathi on both his elbows and on his right leg. Ram Swaroop assaulted him with a lathi on his back and hands. When his mother came to his rescue, Dakhan and Ram Kanwari beat her with sticks. Seeing the occurrence several persons came running to the place of occurrence which included Chandra Dutt (PW-3), Gopal (PW-7), Mohan Lal (PW-12) and Nanda (PW-13). His father was removed in an unconscious condition to the police station.

5. On the basis of the above report a crime was registered under Sections 307/148/341/323 IPC but after the death of Bhanwarlal Section 302 IPC was added.

6. Before adverting to the evidence on record, we may notice that the members of the prosecution party and the defence party belong to the same family, the deceased being the brother of appellant No.