Order

The State is aggrieved by an order of acquittal passed by the High Court of Allahabad in favour of the respondents on 9.2.1990. The High Court has set aside the conviction and sentence recorded by the trial Court.

2. We have heard learned counsel and perused the judgment of the Courts below and the other record.

3. That Islam Hussain and Noor Hasan. PWs, the ace witnesses of the prosecution, came after hearing the shot, is prosecution’s own case. According to them, they identified the accused-respondents in the moonlight and with the aid of a torch and found that the accused were near the deceased - one holding a gun and the other a ‘Tamacha’ and they had fired from close range at the deceased.

4. The death indeed has been caused by firearm shots. However, the absence of blackening, tattooing and scratching do give rise to an inference that firing took place from some distance and not from such close quarters as has been deposed to by the witnesses, and if that be the position the view expressed by the High Court that at the time of occurrence, nobody had actually seen the assailants and the uncle and brother of the deceased, the ace prosecution’s witnesses, came forward to pose as eye-witnesses, cannot be said to be a view which is not possible on the basis of evidence on record.

5. In our independent appraisal of the evidence, we are not in a position to say that the view taken by the High Court is either perverse or even unreasonable. The order of acquittal has been properly recorded. We do not see any reason to interfere. This appeal, therefore, fails and is, hereby, dismissed. The respon­dents are on bail. Their bail bonds shall stand discharged.

Appeal dismissed.