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2024 Supreme(Online)(ALL) 186
HIGH COURT OF ALLAHABAD
Hon'ble Rajiv Gupta,J. and Hon'ble Shiv Shanker Prasad,J.
State – Appellant
Versus
Khajan – Respondent
GOVERNMENT APPEAL No. - 1202 of 1984 at Allahabad
Petitioner: A.G.A.
Respondent: Sa Shah and Raghvendra Kumar Mishra
The scope of interference by an appellate court in an appeal against acquittal is limited to cases where the judgment of acquittal is perverse, based on a misreading or omission of material evidence, or where no two reasonable views are possible.
Headnote:
Criminal Law - Sections 307, 323, 148 IPC - Acquittal of Accused
Fact of the Case:
The prosecution case was that on 30.4.1982 at around 11 PM, the accused persons, namely Khajan, Shamshad, Hanif, Edal, Ramji Lal, and Habib, reached the victim Veerpal's khalihan (threshing floor) and Khajan fired a shot at Veerpal, which missed the target. Thereafter, Shamshad fired a shot at Veerpal, which grazed his head. The other accused persons also assaulted Veerpal and his servant Ranvir with lathi, ballam, and farsa. The victims sustained simple injuries.
Finding of the Court:
The trial court acquitted the accused persons, holding that the prosecution failed to prove its case. The court found that the injuries were simple in nature and could have been self-inflicted or manipulated. The court also noted the possibility of false implication due to the prior enmity between the victim Veerpal and the accused Edal.
Issues: Whether the trial court's judgment of acquittal was perverse, illegal, or impossible, warranting interference by the appellate court.
Ratio Decidendi: The appellate court held that the trial court's judgment of acquittal was well-reasoned and in line with the settled principles of law regarding reversal of acquittal. The court found that the view taken by the trial court was not perverse, impossible, or illegal, and therefore, no interference was warranted.
Final Decision: The appellate court dismissed the government appeal and upheld the trial court's judgment of acquittal.
Hon'ble Rajiv Gupta,J.
Hon'ble Shiv Shanker Prasad,J.
(Delivered by Hon. Rajiv Gupta,J)
1. Heard Sri Jitendra Kumar Jaiswal, learned AGA for the State, Raghvendra Kumar Mishra, learned counsel for the accused-respondent and perused the record.
2. The present Government Appeal has been filed against the judgment and order dated 19.1.1984 passed by 7th Addl. Sessions Judge, Aligarh in S.T. No. 246 of 1983 (State Vs. Khajan and others), P.S. Harduaganj, District- Aligarh, by which the accused-respondent has been acquitted for the offence under Section 307 read with Section 149 IPC and Section 323 read with Section 149 IPC as well as under Section 148 IPC.
3. Shorn of unnecessary details, the prosecution case as unraveled in the first information report, which was lodged by one Veerpal Sharma (P.W.-2) on 1.5.1982 at 3 P.M. in police station- Harduaganj, District- Aligarh in respect of an incident occurred on 30.4.1982 at 11 p.m. in the night. It is alleged that on the fateful night, the first informant alongwith his servant Ranvir were sitting in his Khalihan and were conversing while his son Satyadev was sleeping beside them, when accused-respondent Khajan son of Chhiddu, Shamshad son of Basheer, Haneef son of Maseet, Edal son of Manik, Ramji Lal son of Lal Singh, Habib son of Bindu allegedly reached there and stated to kill Veerpal, consequent thereto Khajan fired a shot at him, however it missed the target, on which all others exhorted Shamshad to assault him, consequent to which, Shamshad fired a shot at him by a country made pistol. He in order to rescue himself, bent down, yet he received injuries on his head.
4. It is further stated that Ramji Lal and Hanif armed with farsa also stood there, Edal assaulted him by lathi whereas Hanif assaulted him by the reverse side of the ballam, consequent to which, he fell down and his servant was also assaulted by them. At the time of assault, his son was raising alarm from a distance. He alongwith his servant also raised alarm, consequent to which, Khubi and Soran and several other persons reached there, who in the moon light and in the flash of torch, saw and identified the assailants, however seeing the said witnesses, the assailants ran away.
5. It is further stated that he is having prior enmity with Edal and the other accused persons, who are members of his gang, on the basis of said written report given by Veerpal, a first information report was registered vide Case Crime No. 77 of 1982, under Sections 147/149 and 307 IPC, Police Station- Harduaganj, District- Aligarh. On the basis of said written report, which has been proved and marked as Exbt. Ka-3, the first information report was registered, which has been proved and marked as Exbt. Ka-
6.
6. After registration of the said first information report, the victims Ranvir and Veepal were sent for medical examination at Primary Health Centre, Harduaganj, Aligarh, whereas Dr. D.P. Singh has examined their injuries and prepared the injury report, which has been proved and marked as Exbt. Ka-1 and Exbt. Ka-2. The doctor has noted the following injuries :-
- Injuries of Ranvir Singh
1. Abraded bruise 1 x 1/4'' X 1/2'' on the lateral aspect of right side of abdomen in the mid auxillary line just adjacent to the right iliac crest at the level of umblicus.
Pink red in appearance surrounded by a diffuse ill defined swelling.
2. Bruise 2'' X 1 ⁄ 2 '' on the left side of back 4'' x 1 ⁄ 2'' away from mid line and 2'' x 1/4'' below the lower end of left scapula bone. Pink red in appearance. Both the above injuries are simple in nature caused by same blunt object, duration 1/2 day old.
Injuries of Virpal Sharma
1. Lacerated wound 1'' X 1/8'' X 1/10'' on the scalp in the mid line, horizontally placed. Whose base and margins are charred and tail end towards the right temple, surrounding hair are also charred and burnt.
2. Abrasion 1/2'' X 1/20'' on the
