Chandrappa & Ors vs State Of Karnataka

Brief facts of the case are that Accused No. 2, Somashekhara, Accused No. 8, Thammaiah and PW 8 Krishnaiah were running a Chit Transaction in which successful members were given articles like vessels, watches, sarees, cloth-pieces, etc. The said transaction was conducted once a week in the shop of PW 8 Krishnaiah and also at Kollapuradamma Temple at Hanumanthapura. It is the case of the prosecution that on October 30, 1989, one such transaction was held at about 5.30 p.m. in which one Nagaraj, the successful bidder was given a copper vessel (Kolaga). Nagaraj returned the vessel with his maternal uncle as it was old and demanded a new vessel. But the request was refused by the proprietors of the Chit Transaction. It is further the prosecution case that at about 9.30 p.m. on the same day, i.e. October 30, 1989, near Hanumanthapura Bypass, when PW1 Veerabhadraiah along with PWs 2, 3 and 4 (Chikkanna, Rudramurthy and Puttiah) was proceeding, the Accused Nos. 1 to 8 who had formed themselves into an unlawful assembly and were armed with weapons like, knife, reapers and stones attacked PWs 2 to 4. The accused caused injuries to all the three persons. It is alleged that when the quarrel was going on and PWs 2 to 4 were injured, deceased Anjinappa came forward and intervened and went ahead to stop the quarrel. Accused No. 8 Thammaiah took out a button knife from his pocket and stabbed Anjinappa on the left side of his chest, due to which Anjinappa slumped and fell on the ground. Complainant Veerabhadraiah along with one Krishnaiah, s/o Oblaiah carried Anjinappa in an autorickshaw to the hospital. On the way to hospital, Anjinappa breathed his last. The dead body of Anjinappa was then taken to the General Hospital, Tumkur. The accused persons after committing assault, threw the clubs and rippers at the spot and ran away. At about 11.30 p.m., PW 13 Madhukar Musale, Circle Inspector of Police, Tumkur received an information about the incident of rioting that took place at Hanumanthapura. On being intimated by PSI, PW 7 A.R. Shariff about the rioting and the injured being admitted to General Hospital at Tumkur, PW 13 went to the hospital and learnt that Anjinappa had died and the other three injured persons were taking treatment. It is alleged that PW 1, Veerabhadraiah, who was present in the hospital, was questioned by PW 13. The information given by him was recorded in writing as per Ex. P-1 as complaint and was registered as Crime No. 86 of 1989 for offences punishable Sections 143, 147, 148, 324 and 302 read with Section 149 IPC. Accused No. 7 Tukaraiah died during the pendency of the case and the trial abated against him. Inquest over the dead body of deceased Anjinappa was done and the dead body was sent for post-mortem examination. PW 11 Dr. Hanumakka who conducted the postmortem opined that the injuries were ante mortem in nature. She found a punctured wound over the left 3rd inter costal space extending from medial edge of the areola of left nipple obliquely downwards and medially 2" x 2" size with clean cut margin and fat protruding through the wound the depth of which was 3= inches. Likewise, injuries to PWs 2 to 4 were also proved by PW 12, Dr. Chandrasekhara Prasad.

In order to substantiate its case, the prosecution examined 13 witnesses. PWs 1 to 4 were portrayed as eye witnesses and amongst them, PWs 2 to 4 were shown to be injured persons. They supported the case of the prosecution as to Chit Transaction, the incident which took place at about 5.30 p.m. on October 30, 1989 as also the assault at 9.30 p.m. on the same day.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

would be open to no comment. Neither would it be of any special significance in its application to appeals against acquittals any more than appeals against conviction".

In our view, if in the light of above circumstances, the trial Court felt that the accused could get benefit of doubt, the said view cannot be held to be illegal, improper or contrary to law. Hence, even though we are of the opinion that in an appeal against acquittal, powers of appellate Court are as wide as that of the trial Court and it can review, reappreciate and reconsider the entire evidence brought on record by the parties and can come to its own conclusion on fact as well as on law, in the present case, the view taken by the trial court for acquitting the accused was possible and plausible. On the basis of evidence, therefore, at the most, it can be said that the other view was equally possible. But it is well-established that if two views are possible on the basis of evidence on record and one favourable to the accused has been taken by the trial Court, it ought not to be disturbed by the appellate Court. In this case, a possible view on the evidence of prosecution had been taken by the trial Court which ought not to have been disturbed by the appellate Court. The decision of the appellate Court (High Court), therefore, is liable to be set aside.

For the aforesaid reasons, the appeal deserves to be allowed and is, accordingly, allowed. The order of conviction and sentence recorded by the High Court is set aside and the order of acquittal passed by the Additional Sessions Judge, Tumkur is restored. The appellants are hereby acquitted of the offences with which they were charged. They are ordered to be set at liberty forthwith unless their presence is required in any other case.