IMPORTANT POINT
During course of investigation, if witness had given identifying features of assailants, same could be confirmed by investigating officer by showing photographs of suspect and investigating officer shall not show a single photograph but should show more than one photograph of the same person.

JUDGMENT

K.G. Balakrishnan, J.-These appeals are filed against the acquittal of 7 persons by the High Court of Bombay reversing the conviction passed by the Sessions Court, Panaji. Altogether, 14 accused were tried by the Sessions Judge and out of them six were found guilty of the offences punishable under Sections 143, 147, 148, 452, 325 and 304 Part II read with Section 49 IPC. A-7 Arthur Viegas was found guilty for offences under Sections 143, 147, 148, 452 & 325 read with Section 149 IPC.

2. In February 1987, the employees of Madras Rubber Factory (hereinafter being referred to as "MRF") at Ponda in Goa went on strike and the accused persons were members of that striking group of employees. The management of the MRF recruited some new persons as employees and in order to give them training, some senior supervisors working in the factory of MRF at Chennai were brought to Goa and these persons were given accommodation by the company at its guest house `Vailankani situated at Miramar. They were staying in flats which formed part of the guest house. According to prosecution, on 13.3.1987, at about 9.15 p.m., the accused persons came there with lathies, rods and chains and attacked the supervisors who had come from Chennai. Some of the accused attacked one Venugopal with iron rods and lathies. They also assaulted D. Gapalakrishnan and Danial. When these persons called out for help, the accused persons left the place immediately.

3. PW 10 E.M. Mathai, General Manager of MRF at Ponda, was informed of the incident and he came to the Vailankani guest house. The injured were shifted to G.M.C. Hospital. Injured Venugopal was in serious condition and he was shifted to Vaidya Hospital at Panaji where he died on 25.3.1987. The police filed the charge-sheet against the accused persons. The Sessions Judge found the accused guilty as afore-stated and he was of the opinion that the accused were properly identified by the injured persons who were examined as prosecution witnesses. The High Court reversed this finding on the ground that the witnesses including the injured witnesses had no previous acquaintance with the accused persons and their identification was extremely doubtful. This finding is challenged before us.

4. The Sessions Court held that the injured persons who were examined as eye-witnesses had an occasion to see the accused persons who were also the members of the striking employees and were often seen sitting near the security gate of the factory shouting slogans. The witnesses who had been going to the factory had an opportunity to see them and in that way all the accused had been identified properly by the witnesses. PW 6 Gopal Krishnan, PW 7 Danial Thomas and PW 8 C. Ravindranath are the witnesses who were examined to prove the incident. These witnesses deposed that they had been working at the MRF factory situated at Ponda for about 25 days. PW 5 William Johnson is one of the eye-witnesses who deposed that the Police Officer showed him several photographs in an album with the names of the persons written underneath and he immediately identified accused A-3 Gokuldas Babi Gaonkar and A-12 Cypriano D s Costa.

5. The learned counsel for the respondents-accused submitted that the eye-witnesses were questioned by the Police Officer with an album and the photographs were shown to them and at that time, Section 161 statements were recorded. The respondent s learned Counsel relied on the statement of PW 10 E.M. Mathai, General Manager who deposed that the Police Officer wanted the photographs of the employees and he had been given instruction to give it on the same day and PW 13 Investigating Officer, who registered the complaint made by PW 10 E.M. Mathai, General Manager deposed that PW 10 General Manager had supplied the photographs of the striking workers of the MRF on 14.3.1987 itself and that he had shown the photographs to the witnesses while recording their statements. Admittedly, no identification parade was conducted