IMPORTANT POINT
The burden of proving guilt lies with the prosecution and must be proved beyond all reasonable doubt.

JUDGMENT :

Moushumi Bhattacharya, J.

1. Both these criminal appeals are against a judgment dated 6.1.2023 passed by the learned Sessions Judge, Andaman and Nicobar Islands.

2. By the impugned judgment, the accused persons, namely, M. Jose and R.N. Hawlader were held not guilty of the offence punishable under sections 304/34 of the Indian Penal Code, 1860 and were acquitted under section 235(1) of The Code of Criminal Procedure, 1973.

3. The appellants in the present case are the State and Sujit Kumar Samuel, the defacto complainant and the brother of the deceased, Anil Kumar Samuel. The factual conspectus which was before the learned Sessions Judge is first required to be briefly stated.

4. The prosecution case is that on 28.7.2007, the appellant, Sujit Kumar Samuel lodged an FIR stating that his brother Anil Kumar Samuel did not return home on 27.7.2007. Sujit Kumar Samuel later received information that his brother was lying at Brookshabad in an injured condition and found his brother lying dead near the sea shore with injuries at his head and blood oozing out of his nose and mouth. Sujit Kumar Samuel/the appellant lodged an FIR against unknown miscreants which was registered as Case Crime no. 328 of 2007 dated 28.7.2007. M. Jose and R.N. Hawalader, the two accused persons were thereafter arrested and charge-sheeted under offences punishable under sections 302/34 of the Indian Penal Code.

5. After framing of charge, the accused persons pleaded not guilty and denied the allegations made by the prosecution.

The Impugned Judgment dated 6.1.2023:

6. The Learned Court framed two points for consideration; namely whether the accused persons committed the offences as alleged by the prosecution and whether the prosecution was able to prove its case beyond all reasonable doubt.

7. The learned Court considered both the points and the evidence and the material witnesses and concluded that the deceased, Anil Kumar Samuel and two of the witnesses, namely, Rajesh Pal and Satinder Singh had gone to Carbyn’s Cove in Port Blair and consumed liquor over a length of time. The deceased, Anil Kumar Samuel, Rajesh Pal and Satinder Singh thereafter had an altercation with the accused persons, namely, M. Jose and R.N. Hawlader after which Anil pushed Jose and ran towards a coconut plantation on the side of the beach. The accused persons chased Anil. The Learned Court relied on the statements made by the accused persons in their examination under section 313 of the CrP.C. where the accused persons admitted that they were present in the Carbyn’s Cove Sea Beach on that day and were on duty and also admitted to having an altercation with Anil and two other persons and that Anil abused the accused persons. The accused persons however denied chasing Anil or throwing a stick at Anil.

8. The Court also considered several of the material witnesses including PW 9, PW 23, PW 27 and PW 18 (an Autopsy Surgeon). The Court also took into account the Brain Mapping Reports of both the accused through Narco Analysis Tests at the time of investigation and came to the conclusion that the accused persons had knowledge of activities listed in the Report of Brain Mapping suggesting active participation of the accused persons in connection with the case.

9. The Learned Court came to the conclusion that serious contradictions were made in respect of the evidence of PW 9 which demolished the credibility of the said witness and further that there was no coconut plantation in the place of occurrence as opposed to the evidence given by the prosecution. The Court further concluded from the evidence that the place towards which the deceased Anil rushed was visible from the place where the altercation took place and that there was no evidence that the accused persons could have reached Anil for the purpose of commission of the alleged offence. The Learned Court also did not have any evidence of one of the accused persons throwing a stick at the victim and also that there was no evi