Point of Law: Exaggerations per se do not render the evidence britle. But it can be one of the factors to test the credibility of the prosecution version, when entire evidence is put in a crucible for being tested on the touchstone of credibility. Mere marginal variations in the statements cannot be dubbed as improvements as the same may be elaborations of the statement made by the witness earlier.

JUDGMENT :

M. Nandi, J.

1. This appeal has been preferred against the Judgment and Order dated 06.02.2014 in connection with Sessions Case No. 69(N)/2011 passed by learned Additional Sessions Judge, Hojai acquitting the respondent Nos. 2 to 10 by showing the ground that the prosecution has failed to prove the case against them beyond all reasonable doubts.

2. While deciding the appeal, we are guided by the principle laid down by Hon’ble Apex Court from time to time.

3. The Hon’ble Apex Court has propounded the following principles in Padam Singh Vs. State of U.P. reported in 2000 (1) SCC 621 which are reproduced as follows:-

“it is the duty of an appellate court to look into the evidence adduced in the case and arrive at an independant conclusion as to whether the said evidence can be relied upon or not and even if it can be relied upon, then whether the prosecution can be said to have been proved beyond reasonable doubt on the said evidence. The credibility of a witness has to be adjudged by the appellate court in drawing inference from proved and admitted facts. It must be remembered that the appellate court, like the trial court, has to be satisfied affirmatively that the prosecution case is substantially true and the guilt of the accused has been proved beyond all reasonable doubt as the presumption of innocence with which the accused starts, continues right through until he is held guilty by the final court of appeal and that presumption is neither strengthened by an acquittal nor weakened by a conviction in the trial court.”

4. The guidelines have been reiterated by three Judges Bench of the Hon’ble Apex Court in case of Majjal Vs. State of Haryana, reported in 2013 (6) SCC 798 which read as follows:-

“It was necessary for the High Court to consider whether the trial court’s assessment of the evidence and its opinion that the appellant must be convicted deserve to be confirmed. This exercise is necessary because the personal liberty of an accused is curtailed because of the conviction. The High Court must state its reasons why it is accepting the evidence on record. The High Court’s concurrence with the trial court’s view would be acceptable only if it is supported by reasons. In such appeals it is a court of first appeal. Reasons cannot be cryptic. By this, we do not mean that the High Court is expected to write an unduly long treatise. The judgment may be short but must reflect proper application of mind to vital evidence and important submissions which to to the root of the matter.”

5. The aforesaid observations have been quoted by the Hon’ble Apex Court in the case of Kamalesh Prabhu Tanna Vs. State of Gujarat, reported in 2014 Cr.LJ 443.

6. Keeping in view the propositions cited above, this Court is to scrutinize the evidence available before us afresh and to draw the conclusion accordingly, bearing in mind the presumption of innocence of accused unless otherwise is established from evidence available on record without being influenced by the findings recorded by the learned Trial Court.

7. The brief facts of the case is that the appellant/informant Abdul Mannan lodged an ejahar before the O.C. Muhrajhar P.S. stating inter-alia that his niece Mustt Sahena Begum was married to one Johirul Islam of Village Dakhin Devasthan Gidar Basti, about 2 years back. On hearing the news that his said niece was being assaulted by her husband, his brother Abdul Sahid along with Nur lslam of Dighaljar went to his daughter’s house at about 2:00 P.M. on 24.10.2008. After they had reached there the accused persons namely Johirul Islam, Arifuddin, Mukter Ali, Islamuddin, Samjid Ali, Suraj Ali, Suratun Nessa, Baharuddin and Alfatun Nessa armed with deadly weapons like dao, lathi, rod etc. assaulted his brother Abdul Sahid and Nur Islam and as a result Abdul Sahid died inside the house of his son-in-law and though Nur Islam sustained injury, he could somehow save his life.

8. On receipt of the FIR, a case was registered under Sections 147/148/149/32