DADAN versus STATE OF MADHYA PRADESH THROUGH SHO, PS SATNA (M.P.)

Citation: [2008] 15 S.C.R. 257 · Decided: 04-11-2008 · Supreme Court of India · Bench: C.K. THAKKER · Disposal: Dismissed

Judgment (excerpt)

(2008] 15 S.C.R 257 
. " 
DADAN 
A 
v. 
.STATE OF MADHYA PRADESH THROUGH SHO, PS 
SATNA (M.P.) 
~Criminal Appeal No. 386 of 2007) 
NOVEMBER 4, 2008 
H 
l 
y 
[C.K. THAKKER AND D.K. JAIN, JJ.] 
Constitution of India, 1950 - Art. 136 - Appeal against 
conviction by Courts below - Power under Art.136 of the c 
Constitution - Held: In exercise of such power, Supreme 
Court does not re-appreciate, review and re-weigh evidence 
which has been appreciated by Trial Court and by High Court 
- On facts, if Sessions Court was satisfied that the prosecution 
witnesses were trustworthy and relying on their testimony, 
D 
> 
conviction was recorded and High Court confirmed that part 
of the order, it cannot be said that by doing so any illegality 
. had been committed by the Courts below - No interference, 
therefore, was called for by Supreme Court against the said 
finding - Penal Code, 1860 - ss. 302 rlw 149, s.326 rlw 149 
E 
and 148. 
According to the prosecution, the five accused 
persons formed an unlawful assembly armed with deadly 
~ 
wQapons like gupti, knife, iron rods etc. and in 
F 
furtherance of the common object to cause the death of 
~ 
the· son of PW-7 inflicting injuries on him. When PWS, 
brother of the deceased, tried to intervene, he was also 
allegedly beaten up by the accused persons and serious 
injuries were caused to him. The incident was allegedly 
G 
witnessed by PW7; PW9, the mother of the deceased as 
also PW10, another brother of the deceased. 
Placing reliance upon the testimony of PWs 5, 7, 9 
and 10, the Trial Court convicted all the accused persons 
257 
IH 
258 
SUPREME COURT REPORTS 
[2008] 15 S.C. R. 
A under s.302 r/w s.149, s.326 r/w s.149 and s.148 IPC. On 
appeal, the High Court acquitted one accused but 
confirmed conviction of the other four accused including 
Appellant. 
.. 
"' 
B 
In appeal to this Court, Appellant challenged his 
convictio·n contending that when the High Court 
acquitted one accused and granted benefit of doubt to 
y 
j ., 
· him, the said benefit ought to have been extended to him 
also and on the same set of facts and circumstances, the 
c High Court ought not to have convicted him. 
It was contended that the i1ron rod allegedly used in 
commission of offence was not seized and on that 
ground also, Appellant was entitled to acquittal and 
further that all the prosecution witnesses were closely 
D related to the deceased and .. since independent 
witnesses, though available, had not been examined, the. 
-~ 
High Court ought to have granted benefit of doubt to the 
Appellant. 
E 
Dismissing the appeal, the Court 
HELD: 1.1. In the present case, no error can be said _ 
to have been committed either by the Trial Court or by 
the High Cou~ in recording guilt of t'1e appellant and in 
convicting him for the offences with which he was 
).. 
F charged. [Para 12] [262-G;;H; 263~A] 
!, 
1.2. This Court is exercising power under Article 136 
of the Constitution and is not a regular Court of.Appeal. 
In exercise of the said power, this Court does not re-
G appreciate, review and re-weig:h the evidence which has 
been.appreciated by the trial Court and by the High Court. 
If on the basis of evidence of th,e aforesaid witnesses, the 
)-;' 
Session·s ·.Court was satisfi~d that the prosecution 
witnesses were trustworthy ·and relying on their 
H testimony, conviction was .recorded and the High Court 
DADAN v. STATE OF MADHYA PRADESH THROUGH 
259 
SHO, PS SATNA (M.P.) 
" 
confirmed that part of the order, it cannot be said that by 
A 
doing so any illegality had been committed by the courts 
below. No interference, therefore, is called for by this 
Court against the said finding. Conviction and sentence 
awarded by the Trial Court and confirmed by the High 
Court are maintained. [Paras. 13 and 14] [263-8-E] 
8 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
i 
'"\" 
No. 386 of 2007. 
From the final Judgment and Order dated 25.4.2006 of the 
High Court of Madhya Pradesh at Jabalpur in Criminal Appeal c 
No. 2444 of 1998. 
Anish Kumar Gupta, Deep Shikha Bharati and Rita Gupta 
for the Appellant. 
Siddharth Dave, Jentiben A.O. and Vibha Datta Makhija 
D 
> 
for the Respondent. 
The Judgment of the Court was delivered by 
C.K. THAKKER, J. 1. The present appeal is filed by E 
appellant Dadan-Accused No. 2 in Sessions Trial No. 39 of 
.1992 being aggrieved and dissatisfied with the judgment and 
order of conviction and sentence dated September 11, 1998, 
recorded by the Court of Add

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