Singh Vs. State of Bihar & Ors  Insc 77 (3 February 2005)
& B.N.Srikrishna B.P.Singh,J.
have heard counsel for the Appellant who is the informant.
many as eight persons were put up for trial before the 2nd Additional Sessions
Judge, Bhabua in Sessions Trial Case No. 285/5 of 1994. By Judgment and Order
dated 22nd November, 1995 the Trial Court acquitted as many as six of the
accused persons but convicted Respondent Nos. 2 and 3 of the offences under
Section 302 IPC and Section 27 of the Arms Act. Respondent No. 2 was sentenced
to death whereas Respondent No.3 was sentenced to imprisonment for life.
-2- Two separate appeals were preferred by Respondent Nos. 2 and 3 before the
High Court of Judicature at Patna being
Criminal Appeal Nos. 379 and 406 of 1995 which were heard along with Death
Reference No.3 of 1995. The High Court, on a consideration of the evidence on
record, came to the conclusion that the Trial Court was fully justified in
acquitting six of the accused persons and the evidence of the eye-witnesses did
not appear to be reliable inasmuch as even those eye-witnesses who alleged
overt acts against some of the acquitted accused persons were not believed. In
fact, two of the accused persons against whom overt acts were alleged, were not
even named in the first information report. The High Court thereafter
considered the evidence of the sole eye-witness, the informant Ayodhya Singh
(PW9), and did not rely on his evidence, particularly when the other eye-
witness namely Jatau Ram was not even examined by the prosecution.
High Court has noticed the fact that the deceased and the prosecution witnesses
are closely related. The High Court was not satisfied with the evidence led by
the prosecution ...3/- -3- with regard to the motive for the assault nor did
the genesis of the occurrence appear to be natural. Having regard to all these
facts, the High Court gave Respondent Nos. 2 and 3 the benefit of doubt and
acquitted them of the charges levelled against them.
gone through the record placed before us and having considered the material on
record we are satisfied that the view taken by the High Court is a possible
reasonable view on the evidence on record. It is well settled that if on the
same evidence two views are reasonably possible, where the Court below takes a
view in favour of the accused, the Appellate Court will not set aside the order
of acquittal unless it finds the findings to be perverse, highly unreasonable,
based on no evidence on record or made in ignorance of relevant evidence on
record or for other such reasons. We find that in the instant case, the High
Court appreciated the evidence on record and recorded its findings which appear
to be reasonable and based on evidence on record.
-4- We, therefore, find no reason to interfere with the Judgment of the High
Court. These appeals are, therefore, dismissed.