2009 Supreme(SC) 1464

2009(6) Supreme 718
SUPREME COURT OF INDIA
Harjit Singh Bedi and B.S. Chauhan, JJ
Gamini Bala Koteswara Rao & Ors. — Appellant
versus
State of A.P. the Secretary — Respondents
Criminal Appeal No. 634-635 of 2008
Decided on : 19-08-2009

IMPORTANT POINT
It is open to the High Court to re – appraise evidence and conclusions drawn by the trial Court but only in a case when the judgment of the trial Court is stated to be perverse.

Headnote:Indian Penal Code,1860 – Sections Prosecution of accused persons for causing death of deceased-Prosecution case that deceased was standing along with PW.1 his nephew, in front of polling station, when all the accused, 20 in number, armed with lethal weapons such as axes, knives, sticks and stones attacked him A.1 caught hold of the deceased by his hair and gave two blows with a stone on his forehead and also stabbed him with a knife on his chest -– A.2 and A.3 who were both armed with axes caused injuries on the back of the head of deceased whereafter A.1 again stabbed the deceased on his shoulder –- Incident was witnessed by Pw.1 and in addition by PW.5, a vegetable hawker –- Trial Court acquitted all accused holding that genesis of incident had been suppressed and that apparent inconsistencies had occurred in the eye witnesses account vis-a-vis the medical evidence –- State appeal –- High Court held that eye witnesses account of PW.1 and PW.5 fully corresponded with the medical evidence; that the presence of the two witnesses had been fully explained and calling judgment of the trial Court qua A.1 to A.3 as perverse partly allowed appeal and convicted them but confirmed the judgment of the trial Court with respect to the other accused –- Appeal thereagainst by A1 to A.3- PW.1 stated that he had come to place of incident as his uncle, the deceased, was candidate in the election- His presence was therefore absolutely natural -– PW.5 stated that she was vegetable vendor and had come to the site in order to sell her wares –- Inconsistency could be Ignored as the witnesses belonged to a deprived section of society and her statement was being recorded after 8 years of the incident –- Injuries found on the dead body corresponded fully with the weapons that had been used- Again medical evidence did not in any way contradict the ocular evidence- High Court was fully justified in interfering in the matter and was well within its jurisdiction to do so –- Appeals dismissed (Paras 8 to11)

       Facts of the Case :

        Accused persons were prosecuted herein in the instant case for causing death of deceased. Prosecution case that deceased was standing along with PW.1 his nephew, in front of polling station, when all the accused, 20 in number, armed with lethal weapons such as axes, knives, sticks and stones attacked him. A.1 caught hold of the deceased by his hair and gave two blows with a stone on his forehead and also stabbed him with a knife on his chest. A.2 and A.3 who were both armed with axes caused injuries on the back of the head of deceased whereafter A.1 again stabbed the deceased on his shoulder. Incident was witnessed by Pw.1 and in addition by PW.5, a vegetable hawker. Trial Court acquitted all accused holding that genesis of incident had been suppressed and that apparent inconsistencies had occurred in the eye witnesses account vis-a-vis the medical evidence . On State appeal, High Court held that eye witnesses account of PW.1 and PW.5 fully corresponded with the medical evidence; that the presence of the two witnesses had been fully explained and calling judgment of the trial Court qua A.1 to A.3 as perverse partly allowed appeal and convicted them but confirmed the judgment of the trial Court with respect to the other accused.

        2. Present appeals have been filed against said order of High Court.

       Findings of the Court :

        PW.1 stated that he had come to place of incident as his uncle, the deceased, was candidate in the election. His presence was therefore absolutely natural. PW.5 stated that she was vegetable vendor and had come to the site in order to sell her wares. Inconsistency could be Ignored as the witnesses belonged to a deprived section of society and her statement was being recorded after 8 years of the incident. Injuries found on the dead body corresponded fully with the weapons that had been used. Again medical evidence did not in any way contradict the ocular evidence. High Court was fully justified in interfering in the matter and was well within its jurisdiction to do so.

       Result : Appeals dismissed.