IMPORTANT POINT
Mere presence in an unlawful assembly cannot render a person liable u/s 149, IPC.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court setting aside the judgment of acquittal recorded by learned Chief Judicial Magistrate, Morena. Appellants had faced trial for alleged commission of offences punishable under Sections 148, 149, 294 read with Sections 149, 326 read with Sections 149 and 336 read with Section 149 Indian Penal Code, 1860 (IPC).

3. Background facts in a nutshell are as follows:

On 28.6.1994 complainant Ramniwas, his brother Om Prakash and Radheshyam were doing work in the land in respect of which stay order had been obtained by Siyaram. At the time of demarcation of the land both the parties were present but due to dispute between both the parties, one panchnama was being prepared. Siyaram refused to sign in the panchnama and a report was lodged by the complainant against them. Appellants came there with deadly weapons like lathi, farsa and sword etc. Accused Ramsewak inflicted injuries by farsa on the complainant. He has caused injuries to his left hand and the accused caused injuries to his brother by sword and also caused injuries to his younger brother which cut his finger. The rest of the accused persons caused injuries by lathi. After beating the complainant and his brother, the accused ran away from the spot. Report was lodged in the police station. Spot map was prepared. Injured Ramniwas, Radheshyam and Om Prakash were sent for medical examination. From the medical report the injuries were found to be dangerous to life. The trial court after conclusion of trial acquitted the appellants. The trial Court acquitted the present appellants on the ground that there were material contradictions and omissions in the evidence of injured eye witnesses. The High Court noted that there may be minor omissions and contradictions but they were not of such magnitude to warrant rejection of the evidence of the eye witnesses.

The High Court found that the evidence of injured witnesses i.e. PWs 1, 3 and 6 were fully corroborated by medical evidence and the trial Court should not have directed acquittal. Accordingly, allowing the appeal filed by the State the High Court observed that the order of acquittal so far as it relates to offence punishable under Sections 148, 324 read with Section 149 and 326 read with Section 149 IPC was to be set aside. However, the acquittal in respect of offences relatable to Sections 294 and 326 read with Section 149 IPC was to be maintained. Certain custodial sentences were imposed.

4. In support of the appeal, learned counsel for the appellants submitted that the trial Court had indicated sufficient reason for directing acquittal and since the view taken by the trial Court was a possible view there was no scope for interference. It is submitted that Section 149 has no application.

5. Learned counsel for the respondent on the other hand supported the judgment and submitted that the trial Court on abrupt conclusions had discarded the evidence of the eye witnesses which were fully corroborated by medical evidence.

6. There is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. The paramount consideration of the court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent. In a case where admissible evidence is ignored, a duty is cast upon the appellate court to re-