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SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, R. SUBHASH REDDY, JJ.
Rajendra @ Rajappa & Ors. – Appellants
Versus
State of Karnataka – Respondent
Criminal Appeal No.1438 OF 2011
Decided On : 26-03-2021
(A) Criminal Procedure Code, 1973 – Section 378 – Appeal against acquittal – Unless view taken by trial court is not a possible view, normally High Court should not interfere with acquittal recorded by trial court – There cannot be any strait-jacket formula to apply readily for cases in appeals arising out of acquittal recorded by trial court – Whether view taken by trial court is a possible view or not; whether findings recorded by trial court are in conformity with evidence or not; are matters which depend upon facts and circumstances of each case and evidence on record – By reappreciating evidence on record if appellate court comes to conclusion that findings recorded by trial court are erroneous and contrary to law, it is always open for appellate court, by recording good and compelling reasons for interference and overturn judgment of acquittal by converting the same to that of conviction. (Para 10)
(B) Indian Penal Code, 1860 – Sections 143, 147, 148, 324, 326, 307, 302 read with 149 – Criminal Procedure Code, 1973 – Section 378 – Murder, attempt to murder, hurt and rioting – Common object – Reversal of acquittal by High Court – Only contradictions in material particulars and not minor contradictions can be a ground to discredit testimony of witnesses – Evidence of PWs1 to 3 is consistent, reliable and trustworthy, trial court, only by referring to minor contradictions, disbelieved whole of their testimony – Findings, as recorded by trial court in support of acquittal, are contrary to evidence on record – Such findings, being perverse and erroneous, it is always open for appellate court to reverse such findings on reappreciation of evidence on record – View taken by trial court was not at all a possible view and findings run contrary to evidence on record – High Court has rightly reversed judgment of trial court by convicting appellants (A2 to A5) – Assault was intentional which resulted in death of deceased and all accused – A2 to A5 – had a common object – As such, High Court has rightly convicted accused for offence punishable under Sections 302/149, IPC etc. – Appeal dismissed. (Paras 11 and 12)
Facts of the case:
Sessions Case No.162 of 2003 is a case charge-sheeted by Shahbad Police Station in State of Karnataka against Appellants-accused under Sections 143, 147, 148, 324, 326, 307, 302 read with 149 of Indian Penal Code (IPC). For aforesaid offences, they were tried by the Fast Track Court IV at Gulbarga and by judgment dated 20.06.2005, the appellants/accused nos.2 to 5 and accused no.6 were acquitted for the charges framed against them. As accused no.1 died during the pendency of the proceedings, case was abated against him. Aggrieved by the acquittal of appellants, the respondent-State has preferred Criminal Appeal No.1812 of 2005 before the High Court of Karnataka. High Court, by impugned judgment and order dated 22.02.2011, has allowed the appeal partly and convicted appellants/accused nos.2 to 5 for various offences they were charged with, and confirmed the acquittal of the accused no.6.
Findings of Court:
Findings, as recorded by trial court in support of the acquittal, are contrary to evidence on record and the testimony of PWs1, 2 and 3. Thus such findings, being perverse and erroneous, it is always open for the appellate court to reverse such findings on reappreciation of evidence on record.
Result : Appeal dismissed
JUDGMENT :
R. Subhash Reddy, J.
1. This criminal appeal is filed by the accused nos.2 to 5 in Sessions Case No.162 of 2003 on the file of Fast Track Court-IV, Gulbarga, aggrieved by the judgment and order of conviction and sentence dated 22.02.2011 in Criminal Appeal No.1812 of 2005 passed by the High Court of Karnataka (Circuit Bench at Gulbarga).
2. Sessions Case No.162 of 2003 is a case chargesheeted by Shahbad Police Station in the State of Karnataka against the appellants-accused under Sections 143, 147, 148, 324, 326, 307, 302 read with 149 of Indian Penal Code (IPC). For the aforesaid offences, they were tried by the Fast Track Court-IV at Gulbarga and by judgment dated 20.06.2005, the appellants/accused nos.2 to 5 and accused no.6 were acquitted for the charges framed against them. As the accused no.1 died during the pendency of the proceedings, case was abated against him.
3. Aggrieved by the acquittal of the appellants, the respondent-State has preferred Criminal Appeal No.1812 of 2005 before the High Court of Karnataka. The High Court, by the impugned judgment and order dated 22.02.2011, has allowed the appeal partly and convicted the appellants/accused nos.2 to 5 for various offences they were charged with, and confirmed the acquittal of the accused no.6 (Smt. Shantabai). All the appellants were sentenced for various offences as under :
(i) R.I. for a period of three months and to pay fine of Rs.3,000/- each. In default, to undergo S.I. for a period of one month for the offence under Section 143 IPC.
(ii) R.I. for a period of one year and to pay fine of Rs.4,000/- each. In default, to undergo S.I. for a period of three months for the offence under Section 148 r/w Sec.149 of IPC.
(iii) R.I. for a period of one year and also to pay fine of Rs.5,000/- each. In default, to undergo S.I. for a period of four months for the offence under Section 324 r/w Sec.149 IPC.
(iv) R.I. for a period of two years and to pay fine of Rs.6,000/- each. In default, to undergo S.I. for a period of five months for the offence under Section 326 r/w Sec.149 of IPC.
(v) Life imprisonment and also to pay fine of Rs.8,000/- each. In default, to undergo S.I. for a period of one year for the offence under Section 302 IPC r/w Sec.149 of IPC.
4. Stated in brief, the necessary facts and the case of the prosecution for the disposal of this appeal are as under :
The complainant (PW-1) Sheshamma, is the wife of the deceased. That on 02.02.2003 the complainant and her husband went to coolie work in the morning and when they were returning along with firewood bundle and PW-2 was following them, at about 11:30 a.m. when the complainant and her husband came near the Government Hostel, all the accused A-1 to A-6 armed with axe, stick, pickaxe and stone, attacked the deceased and thereby inflicted fatal wounds on his person by assaulting him with weapons which they were carrying. It is further alleged that the complainant rescued her husband, went behind the hostel, the accused followed them and A-1 assaulted the deceased with axe on left cheek, A-2 assaulted with bedaga, A-3 assaulted with stick, A-4 assaulted with club, A-5 assaulted with axe. A-1 is the father of the complainant; A-2 and A-4 are uncles of the complainant; A-3 and A-5 are sons of A-1’s sister and A-6 is one of the sisters of A-1. It is alleged in the complaint that all the accused have attacked the deceased and started abusing him saying that, inspite of telling not to pass from the front of their houses and to show their faces, they have come towards the side of the accused. Further, it is stated in the complaint that when she and her husband tried to escape and ran away from the back side of the hostel, all the accused followed them and attacked them. Further, it is stated that as her husband sustained grievous injuries he died on the spot and said incident was witnessed by her mother Sayamma and her sister Rathnamma, Mahesh and their villagers Haji, Hussain have also seen. In her complaint, she
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