The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to interfere with an acquittal.

JUDGMENT :

(Chandra Shekhar Jha, J.)

Heard learned counsel for the appellant and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State.

2. The present appeal filed on behalf of the appellant/informant under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST (POA) Act”), which has been preferred against the judgment of acquittal dated 02.07.2022 rendered by learned Additional Sessions Judge-III-cum-Exclusive Special Judge, SC/ST (POA) Act, Saran at Chapra in connection with Session Trial No. 512/2014 arising out of Masrakh P.S. Case No. 41 of 2012 whereby the present respondents/accused have been acquitted from the charges levelled against them.

3. Brief facts of prosecution case, as appears from complaint petition of the complainant is that on 07.01.2012, in the morning, respondent nos. 2 to 12 armed with various weapons like lathi, spear and country made pistol arrived at the plot bearing khata No. 268, survey No. 2368 with area having 4 katha and 13 dhurs, took the stalk bundles of complainant/appellant with value of Rs. 2500/-thrown in the canal and taken away 70 pieces of bamboo sticks with a value of Rs. 3500/-. The complainant further stated that when she objected to do so, all the accused persons threatened and abused her by calling her ‘Chamay-in-Siyarin’ and destroyed the wheat crops. She further alleged that all the accused persons assaulted her and forcibly taken her thumb impression on two plain papers and fled away. The complainant further alleged that earlier the accused persons had burnt her house for which she had lodged a case. She stated that all the accused persons belonged to the dominant ‘Rajput’ caste.

4. On the basis of aforesaid complaint, a complaint case bearing No. 119/2012 was filed in the court of learned C.J.M. Saran. Thereafter, the learned C.J.M, Saran sent the same for registration of case to the concerned police station, upon which Mashrakh P.S. Case No. 41 of 2012 dated 13.02.2012 was registered under Sections, 147, 148, 341, 323, 427, 379, 504, 385 and 506 of the Indian Penal Code as well as Sections 3(i)(x) of the SC/ST (POA) Act, 1989 against the respondent nos. 2 to 12.

5. After investigation of the case, police submitted charge-sheet No. 02/2013 dated 29.01.2013 against above-named accused persons (respondents herein) under Section 147, 341, 323, 504, 427 of the I.P.C. and under Sections 3(i)(x) of the SC/ST (POA) Act. Learned C.J.M. Saran by order dated 27.04.2023 took cognizance against all the above-mentioned accused persons/respondents under Sections 147, 341, 323, 504, 427 of the I.P.C. and Section 3(i)(x) of the SC/ST (POA) Act. The charges were framed against the accused persons on 20.08.2014 under the aforesaid sections, for which all the accused persons/respondents pleaded not guilty and claimed to be tried.

6. Before the Trial Court, the prosecution had examined four witness namely, Ramawati Devi (PW-1), Pundev Ram (PW-2), Most. Dipiya Kunwar (PW-3) and Kameshwar Ram (PW-4/I.O. of the case).

7. The statement of the respondents-accused were recorded under Section 313 of the Code, where all of them denied the evidences surfaced against them and claimed their complete innocence and false implication. After the conclusion of trial, the learned Trial Court acquitted the respondents/accused persons through impugned judgment from the charges levelled against them. Being aggrieved, with aforesaid order of acquittal, appellant/informant preferred the present appeal.

8. Hence, the present appeal.

9. Learned counsel appearing on behalf of appellant submitted that learned trial court merely on the ground as the witnesses appears to be interested being relative discarded their testimony, which is otherwise reliable and trustworthy. It is submitted that presence of those witnesses at the place of occurrence appearing very natural and justified. It is also pointed out that having civil litigatio