important point
Appellate order whether against conviction or acquittal, has to be well analysed and reasoned.

judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant-State questioning correctness of the order of acquittal recorded by the trial Court. Originally, three persons apart from respondents were arrayed as accused persons. Two of them expired before trial was concluded and one had absconded and could not be arrested.

Four persons faced trial for offences punishable under Sections 394, 307, 411 of the Indian Penal Code, 1860 (in short the ‘IPC’). The allegation was that on 15.3.1994 while the informant alongwith one Sushil Kumar, son of the owner Shri Gopal was going towards the shop after withdrawing Rs.1,25,000/- from the State Bank of India, the accused persons forcibly snatched away the money after firing shots from the pistols held by them. The informant and aforesaid Sushil Kumar suffered injuries and were taken to hospital for treatment. The first information report was lodged and investigation was undertaken and part of the money was recovered from the accused persons. Several witnesses were examined to further the prosecution version.

PWs 1 and 2 i.e. Bhagwat Narain and Sushil Kumar were stated to have sustained injuries in the incident. The trial Court directed acquittal primarily on the ground that the witnesses could not say definitely as regards the numbers on currency notes which were stated to have been withdrawn from the bank and to have been robbed by the accused persons. This was highlighted to show the fallacy of the conclusions to direct acquittal.

Several other factors were also indicated questioning correctness of the decision. Appeal was filed with leave of the High Court and same was dismissed with the following observations:

“..We have perused the judgment. A perusal of which would indicate that Prem Narayan the relative of Chandesh Ravat (dead) has made a telegram on 17.3.1994 to the Senior Superintendent of Police concerned to the effect that Chandesh Ravat was arrested by the police of Mahurani from his house and the arrest has shown by the police is 20.3.1994, therefore, the arrest as well as the recovery becomes doubtful.

In above view of the matter no interference in the order of acquittal is warranted.

The leave to appeal is hereby rejected.”

3.Learned counsel for the appellant submitted that the High Court has not indicated the basis for coming to the conclusion that the trial Court was right. In fact there was no analysis of the evidence of the victims who had categorically implicated the accused persons and had also described in detail the respective role played by each.

4.Learned counsel for the respondent on the other hand submitted that the order of acquittal was reinforced by the order of dismissal of the appeal by the impugned order and no interference is therefore called for.

5.While dealing with leave to appeal against acquittal, this Court in State of Rajasthan v. Sohan Lal,1 (2004 (5) SCC 573) inter-alia observed as under:

“3.We have carefully considered the submissions of the learned counsel appearing on either side. This Court in State of Orissa v. Dhaniram Luhar (2004 95) SCC 568) has while reiterating the view expressed in the earlier cases for the past two decades emphasised the necessity, duty and obligation of the High Court to record reasons in disposing of such cases. The hallmark of a judgment/order and exercise of judicial power by a judicial forum is to disclose the reasons for its decision and giving of reasons has been always insisted upon as one of the fundamentals of sound administration justice-delivery system, to make known that there had been proper and due application of mind to the issue before the Court and also as an essential requisite of principles of natural justice. The fact that the entertaining of an appeal at the instance of the State against an order of acquittal for an effective consideration of the same on merits is made