LexKILAKKATHA PARAMBATH SASI & ORS. versus STATE OF KERALA
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A 8 [2011] 2 S.C.R. 540 KILAKKATHA PARAMBATH SASI & ORS. v. STATE OF KERALA (Criminal Appeal No. 1383 of 2003) F'EBRUARY 4, 2011 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.] Penal Code, 1860 - s.302 rlw s.34 - Accused persons C allegedly formed themselves into an unlawful assembly and assaulted PW-1 and his brother with sword, axe and knife due to political animosity - PW-1 was injured while his brother died at the hospital - Trial Court acquitted all the seven <3Ccused - High Court, however, reversed the acquittal of four D accused (the appellants) - Justification of - Held: Justified - The findings of the High Court as to the spontaneity of the FIR are fully endorsed - PW-1 is an injured witness and his presence, therefore, cannot be disputed - PW-1 was not an active politicial worker, and hence question of false E implication at his instance, on account of political rivalry, appears to be remote - Even otherwise, it is difficult to believe · that PW-1 would have left out the true assailants of his brother - The prosecution story was entirely correct and was fully supported by the evidence of PW 2 and two independent F witnesses (PWs 3 and 4). Appeal against acquittal - Scope for interference - Held: The Hig/1 Court should not interfere in an appeal against acquittal save in exceptional cases - Interference in such an appeal is called for only if the findings of the Trial Court is G not bome out by the evidence and is perverse. According to the prosecution, the accused persons belonged to the Bhartiya Janta Party whereas PW-1 and his brother were workers of the Congress Party, and that H 540 KILAKKATHA PARAMBATH SASI & ORS. v. STATE 541 OF KERALA on account of political animosity, the accused persons A formed themselves into an unlawful assembly and assaulted PW-1 and his brother with sword, axe and knife, when they just got out of a bus at the bus stand. PW-1 was grievously injured while his brother died at the hospital. B The dead body of PW-1 's brother was subjected to post-mortem, on which PW-7, the doctor, found 58 injuries thereon, most of them incised and cutting wounds, some of them of huge dimensions. PW-1 was C examined by the doctor PW-8, and three incised wounds were found on him as well. The accused were charged for offences punishable under Sections 147, 148, 307, 324 and 302 read with Section 149 of the IPC. The Trial Court acquitted all the D seven accused. On appeal, the High Court held that the judgment of the trial court was perverse and accordingly reversed the acquittal of four accused (the appellants), who were convicted under Section 302 r/w Section 34 IPC and sentenced to life imprisonment, whereas the acquittal E of other three accused was maintained. In the instant appeals, the conviction of the appellants was challenged on various grounds. It was contended by the appellants that the facts of the case did not justify interference by the High Court in an appeal against acquittal. Dismissing the appeal, the Court F HELD: 1. The High Court should not interfere in an G appeal against acquittal save in exceptional cases, and that interference in such an appeal is called for, only if the findings of the Trial Court is not borne out by the evidence and is perverse. However, it is equa.lly well established that the High Court can re-~ppraise the, H _ I- 542 SUPREME COURT REPORTS [2011) 2 S.C.R. A evidence so as to find out as to whether the view taken ·by the Trial Court was justified or not and if it finds that the Trial Court's findings were not possible on the evidence, interference must be made failing which there would be a travesty of justice. In the instant case, the B High Court was fully justified in interfering in this matter under the guidelines and principles in Arulvelu's case. (Para 1 OJ [551-E-G] Aru/velu and Anr. v. State represented by the Public C Prosecutor and Anr. (2009 (10) SCC 206] - referred to. 2. The incident happened at about 2.30 p.m. and the police had arrived at the place of occurrence an hour later. PW-1 and the deceased were taken to the Government Hospital, Thalassery where the deceased was examined D at about 3.40 p.m. but referred to the Medical College, Kozikhode as his injuries were grave whereas PW-1 was · admitted to the Government Hospital. It has also come in the evidence that the ASI, who had taken the injured to the Hospital at Thalassery, was on la
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