IMPORTANT POINTS
High Court should not interfere in well reasoned order of acquittal of the trial court passed after proper appreciation of evidence. Findings of trial court should not be interfered in absence of strong and compelling reasons in the evidence which can dislodge the findings itself.
When prosecution fails to establish involvement of all the accused persons, section 149 IPC will not be attracted.

JUDGMENT :

N.V. Ramana, J.

Leave granted.

2. This appeal by special leave is directed against the judgment dated 29th November, 2017 passed by the High Court of Karnataka, Bench at Dharwad in Criminal Appeal No. 100108 of 2014.

3. Vide impugned judgment, the appellants were convicted in the following manner-

i. Under Section 148 read with Section 149 of the Indian Penal Code (hereinafter "IPC") were sentenced to undergo a simple imprisonment of 18 months and a fine of Rs. 3,000/-, in default of payment of fine they have to undergo further simple imprisonment for one month;

ii. Under Section 341 read with Section 149 of IPC were sentenced to undergo a simple imprisonment for a period of fifteen days and a fine of Rs. 200/- was imposed, in default of payment of fine they have to undergo further simple imprisonment for a period of one week;

iii. Under Section 504 read with Section 149 of the IPC and have to undergo simple imprisonment for a period of one year and a fine of Rs. 1000/- was imposed, in default of payment of fine they have to further undergo simple imprisonment for a period of fifteen days;

iv. Under Section 326 read with Section 149 of IPC, each of the accused were sentenced to further undergo simple imprisonment for a period of four years and shall pay a fine of Rs. 6000/-, in default of payment of fine to undergo simple imprisonment for a period of two months.

4. Before we delve into the merits and analysis of the case, it would be trite to refer to the Prosecution's case. On 29.08.2008, when the village fair was ongoing, the accused no-2 (Dharmareddy) picked up quarrel with P.W.2 (Hemaraddi), wherein the second accused threatened to finish P.W.2 (Hemaraddi), but this was pacified with the intervention of the persons present there. On the same day when P.W.5 (Sanjeevareddy), P.W.2 (Hemaraddi) & P.W.3 (Lingareddy) were walking to the house, at around 09:30 pm, the accused persons armed with iron rods, clubs etc. approached them and started abusing them and restrained them. Thereafter, they started assaulting the victims, viz. P.W.5 (Sanjeevareddy), P.W.2 (Hemaraddi) & P.W.3 (Lingareddy). Certain witnesses intervened and rescued the complainant and other victims immediately. As the P.W.2 and P.W.3 were injured, they were taken to Navalgund Government Hospital and later to KIMS Hospital, Hubli, thereafter they were transferred to the Sushruta Multi Speciality Nursing Home.

5. The complainant P.W.5, (Sanjeevareddy) gave a complaint to the police which was registered as Crime No. 194/2008 on 29.08.2008 against the accused under Sections 143, 147, 148, 323, 324, 341, 307, 504, 506 read with 149 of IPC. Thereafter in the morning of 30.08.2008, the clubs and iron rods were recovered from the possession of the accused-appellant Bannareddy in the presence of P.W.6 (Devareddy) and P.W.9 (Fakkirappa). On the same day the bloodstained cloths were recovered from the possession of the accused appellant no. 1 in the presence of panch witnesses. The bloodstained clothes were recovered from the possession of the injured Lingareddy in the presence of P.W.7 & P.W.8. Spot mazhar was conducted and sample of blood stained earth was collected for chemical analysis in the presence of mazhar witnesses.

6. The trial Court, after careful perusal of oral and documentary evidence available on record, by judgment dated 18.01.2014, came to the conclusion that the prosecution failed to prove the alleged offences against the accused beyond reasonable doubt. Hence, the accused were acquitted for the offences punishable under Sections 143, 147, 148, 341, 504 and 307 read with 149 of IPC.

7. Thereafter, the State preferred the appeal before the High Court in Criminal Appeal No.100108/2014 against the above order of acquittal passed by the trial Court, wherein the High Court, by reversing the order of acquittal passed by the trial Court, had convicted the accused under Sections 148, 341, 504 and 326 read with 149 of IPC. Therefore, being aggrieved by the above or