Case: Anil Kumar Gupta Vs. State of U.P

was actually purchased by the appellant himself, through raising a bank loan and in fact it was purchased much prior to the letter alleged to have been written by the victim to her parents. The appellant even got the scooter insured. This vital evidence regarding the ownership of the scooter has been completely ignored by the High Court and arrived at the conclusion as if the appellant demanded scooter from the parents of the victim as a dowry. The evidence available on record does not justify such a conclusion reached by the High Court. The High Court in this regard did not assign any reason as to how and why the conclusion arrived at by the trial court in this regard was not sound and perverse.17. Similarly the High Court, on a very peculiar reasoning ignores the relevant piece of evidence that it is the appellant who took the victim to the hospital on his scooter to save her life. The High Court for no reason characterized the act of appellant taking the victim to the hospital as one of showmanship in order to avoid any suspicion of his involvement in the crime. According to the High Court the move was an anticipatory self-defence. It is difficult to discern as to on what basis the High Court arrived at such a conclusion. The High Court without any reason whatsoever concludes that the appellant took the victim on his scooter to the hospital only in order to show that as if he was innocent. The evidence of the duty doctor and entries in the hospital register in unmistakable terms reveals that it is the appellant who got admitted the victim into the hospital. If it is the appellant who removed the victim to the hospital on his scooter, then the version given by the prosecution (PW-2) that neighbours informed him to the effect that the victim Poonam came out of her house crying and shouting that she has been administered poison by the accused person becomes totally unacceptable. This vital portion of the evidence upon which the High Court relied comes from the statement of PW-2 which is undoubtedly an improvement since he did not state anything to that effect in his statement to the police. The fact remains that no neighbour was examined to justify that the victim Poonam came out of her house running and shouting that accused administered poison to her. The trial court meticulously examined the evidence available on record in this regard and accordingly found that the prosecution story of the victim revealing that she was administered poison was totally unacceptable. There is no reason given by the High Court as to why it did not agree with the findings of the trial court.18. Be it noted that on the same evidence, the High Court did not find any case whatsoever against the other accused but found only the appellant guilty on the sole ground that on that fateful night, it was the appellant who was proximate to the deceased and therefore, it is the appellant who administered poison to the deceased. The factum itself that the deceased and the appellant were together cannot be a ground to conclude that it was the appellant who administered poison to the deceased. The cause of death of the victim undoubtedly is on account of consumption of poison but there are no circumstances available on record based on which one could conclude that it was a case that someone forcibly administered poison.19. In the same manner, the High Court recorded the finding that the appellant is very well versed in manufacturing medicines and knew their property, composition etc. The appellant looks after the accounts of a manufacturing concern. He has no acquaintance with any medical or chemical technology. We fail to appreciate as to the relevance of appellants employment with a manufacturer of medicine has any bearing on his knowledge in manufacture of poison. It sounds very strange that High Court not only presumes that the appellant has not only special knowledge about preparation of poison but it is the appellant who administered poison to the victim20. In our considered opinion, the High Court committed a serious error in arriving at its own conclusions without properly appreciating the findings and conclusions arrived at by the trial Court and the reasons assigned in support of those conclusions and findings. In the absence of any conclusion by the High Court to the effect that "the trial Court misread the evidence and the findings were therefore perverse", no interference was called for. The High Court virtually substituted all the findings and conclusions of the trial court but without assigning any reason whatsoever as to why and how those conclusions of the trial court were not sound or perverse in their nature. The High Court normally does not interfere with the findings of the trial court merely because there is a possibility of taking a different view on the available evidence on record. That is no reason to interfere with the judgment of the trial court.21. We are satisfied that the trial court, for good and cogent reasons, acquitted all the accused including the appellant and it is the High Court which committed error in reversing the well considered judgment of the trial court so far as the appellant is concerned. Be it noted, that on the same evidence the High Court agreed with the trial court to acquit the other accused by refusing to rely on the prosecution story but a different yardstick has been applied so far as the appellant is concerned solely on the ground of his proximity with the victim on that fateful night. That singular circumstance in our considered opinion is not enough to conclude that the appellant forcibly administered the poison to the victim. Even the medical evidence available on record does not support the conclusion. The view taken by the High Court to reverse the order of acquittal is unsustainable both in law and on facts.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]13. Therefore, keeping the above principles in mind, we have to first ascertain whether there are any reasons recorded by the High Court in order to observe that the findings of the trial Court are unsustainable. The High Court in its judgment expressed that "the acquittal is wholly unjustified" and that the learned trial Judge failed to make proper analysis of the evidence adduced by the prosecution and other surrounding circumstances. There is no finding recorded as such by the High Court to the effect that the trial Court misread the evidence and its findings therefore were perverse in their entirety. The High Court was mainly impressed by its finding that the suicide note produced on behalf of the defence was found to be fabricated.14. The defence, in its anxiety might have pressed some suicidal note into service which was ultimately found to be not acceptable by the High Court, but the High Court did not consider the rest of the circumstantial evidence that was taken into consideration by the trial Court for acquitting the accused. The High Court has mainly taken one singular circumstance into account, namely, that on the fateful night, the appellant alone was nearest to the victim and therefore, the inference is inescapable that it is he who administered poison to her. In the entire judgment, there is not even a whisper as to how the reasons recorded by the trial Court were perverse or erroneous.15. It appears to us that the High Court very conveniently ignored the exchange of letters between the deceased Poonam and her mother which disclosed cordial relations between the two families. The prosecution did not find any letter by the deceased Poonam in response to her mothers letter when her mothers letters indicated receipt of Poonams letters. There is no explanation forthcoming as to why the prosecution withheld that evidence. The benefit of doubt in this regard may have to go in favour of the appellant.16. The High Court while ignoring the vital evidence available on record regarding the purchase of scooter by appellant himself with his own funds relied upon oral assertion made bythat parents of the victim paid a sum of Rs. 2,000/for replacing the Camera and a further sum of Rs. 5,000/for purchase of the scooter. The Trial Court, on appreciation of evidence available on record found that the scooter was actually purchased by the appellant himself, through raising a bank loan and in fact it was purchased much prior to the letter alleged to have been written by the victim to her parents. The appellant even got the scooter insured. This vital evidence regarding the ownership of the scooter has been completely ignored by the High Court and arrived at the conclusion as if the appellant demanded scooter from the parents of the victim as a dowry. The evidence available on record does not justify such a conclusion reached by the High Court. The High Court in this regard did not assign any reason as to how and why the conclusion arrived at by the trial court in this regard was not sound and perverse.17. Similarly the High Court, on a very peculiar reasoning ignores the relevant piece of evidence that it is the appellant who took the victim to the hospital on his scooter to save her life. The High Court for no reason characterized the act of appellant taking the victim to the hospital as one of showmanship in order to avoid any suspicion of his involvement in the crime. According to the High Court the move was an anticipatoryIt is difficult to discern as to on what basis the High Court arrived at such a conclusion. The High Court without any reason whatsoever concludes that the appellant took the victim on his scooter to the hospital only in order to show that as if he was innocent. The evidence of the duty doctor and entries in the hospital register in unmistakable terms reveals that it is the appellant who got admitted the victim into the hospital. If it is the appellant who removed the victim to the hospital on his scooter, then the version given by the prosecutionthat neighbours informed him to the effect that the victim Poonam came out of her house crying and shouting that she has been administered poison by the accused person becomes totally unacceptable. This vital portion of the evidence upon which the High Court relied comes from the statement ofwhich is undoubtedly an improvement since he did not state anything to that effect in his statement to the police. The fact remains that no neighbour was examined to justify that the victim Poonam came out of her house running and shouting that accused administered poison to her. The trial court meticulously examined the evidence available on record in this regard and accordingly found that the prosecution story of the victim revealing that she was administered poison was totally unacceptable. There is no reason given by the High Court as to why it did not agree with the findings of the trial court.18. Be it noted that on the same evidence, the High Court did not find any case whatsoever against the other accused but found only the appellant guilty on the sole ground that on that fateful night, it was the appellant who was proximate to the deceased and therefore, it is the appellant who administered poison to the deceased. The factum itself that the deceased and the appellant were together cannot be a ground to conclude that it was the appellant who administered poison to the deceased. The cause of death of the victim undoubtedly is on account of consumption of poison but there are no circumstances available on record based on which one could conclude that it was a case that someone forcibly administered poison.19. In the same manner, the High Court recorded the finding that the appellant is very well versed in manufacturing medicines and knew their property, composition etc. The appellant looks after the accounts of a manufacturing concern. He has no acquaintance with any medical or chemical technology. We fail to appreciate as to the relevance of appellants employment with a manufacturer of medicine has any bearing on his knowledge in manufacture of poison. It sounds very strange that High Court not only presumes that the appellant has not only special knowledge about preparation of poison but it is the appellant who administered poison to the victim20. In our considered opinion, the High Court committed a serious error in arriving at its own conclusions without properly appreciating the findings and conclusions arrived at by the trial Court and the reasons assigned in support of those conclusions and findings. In the absence of any conclusion by the High Court to the effect that "the trial Court misread the evidence and the findings were therefore perverse", no interference was called for. The High Court virtually substituted all the findings and conclusions of the trial court but without assigning any reason whatsoever as to why and how those conclusions of the trial court were not sound or perverse in their nature. The High Court normally does not interfere with the findings of the trial court merely because there is a possibility of taking a different view on the available evidence on record. That is no reason to interfere with the judgment of the trial court.21. We are satisfied that the trial court, for good and cogent reasons, acquitted all the accused including the appellant and it is the High Court which committed error in reversing the well considered judgment of the trial court so far as the appellant is concerned. Be it noted, that on the same evidence the High Court agreed with the trial court to acquit the other accused by refusing to rely on the prosecution story but a different yardstick has been applied so far as the appellant is concerned solely on the ground of his proximity with the victim on that fateful night. That singular circumstance in our considered opinion is not enough to conclude that the appellant forcibly administered the poison to the victim. Even the medical evidence available on record does not support the conclusion. The view taken by the High Court to reverse the order of acquittal is unsustainable both in law and on facts.