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2025 Supreme(HP) 1213

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, Sushil Kukreja, JJ.
State of Himachal Pradesh - Appellant
Versus
Satnam Singh & others - Respondent
Cr. Appeal No. 258 of 2017
Decided On : 22-09-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. Yashwardhan Chauhan, Senior Additional Advocate General
For the Respondent:Mr. Vinod Thakur, Advocate, as Legal Aid Counsel, Mr. Sanjeev Kumar Suri, Advocate

Appellate courts should not interfere with acquittal if trial court's view is reasonably possible, reinforced by double presumption of innocence; reversal only if perverse or compelling circumstances exist.

Headnote:(A) Cr.P.C., 1973 - Section 378 - I.P.C., 1860 - Sections 304, 201 r/w 34 - NDPS Act, 1985 - Section 21 - Appeal against acquittal - Prosecution alleged accused administered heroin injection causing death - Contradictions in initial statement admitting deceased's drug habit and later FIR denial - No independent witnesses from populated area - Key witness turned hostile - Wife who disclosed white powder consumption not examined drawing adverse inference - Multiple needle marks possibly from treatment - No wetness on clothes despite alleged water pouring - No contraband recovery - FSL detected morphine but cause self-overdose possible - Prosecution failed to prove case beyond reasonable doubt - Acquittal upheld as trial court's view only possible view. (Paras 14-23)

(B) Appeal against acquittal - Scope - Double presumption of innocence - Appellate court to re-appreciate evidence but not interfere if trial court's view possible - Interference only if perverse, compelling reasons or grave injustice - Cited catena of Supreme Court decisions emphasizing reluctance to disturb acquittal unless conclusions palpably wrong. (Paras 8-12)

Facts of the case:
Deceased went to buy fruits, did not return; friend allegedly saw him with accused going to their house; complainant found deceased unconscious there with accused pouring water; accused allegedly admitted giving heroin injection; deceased taken to hospitals, died; FSL report positive for morphine in viscera; initial statement indicated deceased's drug habit and self-consumption, later FIR blamed accused.

Findings of Court:
Prosecution evidence unreliable due to contradictions, non-examination of material witnesses, lack of corroboration; no link established between accused and heroin administration; death likely from self-overdose.

Issues: Whether prosecution proved accused culpably caused death by heroin injection beyond reasonable doubt; scope of appellate interference in acquittal orders.

Ratio Decidendi: Appellate court cannot reverse acquittal merely because another view possible after re-appreciation; must find trial court's view not reasonably possible; here, trial court's acquittal based on sound reasoning considering evidence infirmities. Result : Appeal dismissed; acquittal upheld.

Table of Content
1. prosecution alleges accused caused death by heroin injection. (Para 1 , 2 , 3 , 4 , 5)
2. state contests acquittal; defence upholds trial judgment. (Para 6 , 7)
3. appellate interference limited if acquittal view possible. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. evidence contradictions and gaps fail proof beyond doubt. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
5. appeal dismissed upholding trial court acquittal. (Para 23)
JUDGMENT :
Sushil Kukreja, Judge

The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against judgment, dated 27.12.2016, passed by learned Additional Sessions Judge (II), Una, District Una, H.P., in Sessions Case No. 54 of 2014, whereby the accused persons (respondents herein) were acquitted under Sections 304, 201 read with Section 34 of Indian Penal Code (for short “IPC”) and Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “NDPS Act”).

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

2(a). On 23.05.2014 complainant Shri Pargat Singh got recorded his statement under Section 154 Cr.P.C., wherein he stated that his son Arju Rana (since deceased) was working on daily wage basis in UCO Bank, Dulehar and he used to come to the house daily. He further stated that the deceased did not have any bad habit of consuming any intoxicating drugs etc., but 5-6 months back he fell sick and became weak. The complainant further stated that his uncle treated the deceased by administering injections of glucose and strength. On 21.05.2014 complainant’s daughter Shashi Bala, who was married locally, came to their house and the complainant sent the deceased for bringing some fruits. When the deceased did not return home after an hour, Shashi Bala inquired from deceased’s friend Navdeep @ Laddi about the deceased, who told her that he saw the deceased in the company of Sunny and Baba (accused persons), who were sons of Satnam Singh @ Satto (another accused) of village Heeran Thara towards their house. As per the complainant, thereafter he alongwith Shashi Bala and Munish Rana searched the deceased and reached the house of accused Satnam Singh, where they found accused persons Baba and Sunny pouring water over the head of the deceased. On being inquired by the complainant, as to what had happened, they asked him to take the deceased to Raja Hospital, Nawanshehar. On being again inquired as to how the deceased had become unconscious and what was given by them to him to eat, they told that the deceased was given an injection of heroin. Thereafter, the complainant took the deceased to CHC Haroli and subsequently to RH, Una, where the deceased had died. The complainant stated that the accused persons Sunny and Baba knew that after giving heroin injection, the deceased could die, but despite that they gave injection of heroin to the deceased with intention to cause his death. Police got conducted the postmortem on the corpse of the deceased and during the course of the investigation, scientific samples were collected. As per the report of the Forensic Science Laboratory Dharamshala, there was presence of morphine in the parts of heart and lungs and blood. Initially the investigation was carried-out by the police of Police Station, Haroli, and later on the case was transferred for investigation to CID. After conclusion of the investigation, it was unearthed that there was involvement of accused Satnam Singh and Bhupinder Kaur. After completion of the investigation, police presented the charge-sheet before the learned Trial Court.

3. The prosecution, in order to prove its case, examined nineteen witnesses. Statement of the accused persons, under Section 313 Cr.P.C., was recorded, wherein they pleaded not guilty and claimed trial.

4. The learned Trial Court, vide impugned judgment dated 27.12.2016 acquitted all the accused persons for the offences punishable under Sections 304, 201



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