STATE OF M.P. THROUGH C.B.I. ETC. versus PALTAN MALLAH AND ORS. ETC.

Citation: [2005] 1 S.C.R. 710 · Decided: 20-01-2005 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
STATE OF M.P. THROUGH C.B.I. ETC. 
v. 
PALTAN MALLAH AND ORS. ETC. 
JANUARY 20, 2005 
B 
[K.G. BALAKRISHNAN AND DR. AR. LAKSHMANAN, JJ.] 
Constitution of India, 1950-Article 136-Appeal against acquittal by 
-i 
High Court-Interference with-On facts, prosecution case that conspiracy 
... 
c among accused to murder deceased-Conviction of accused under section 
302 read with 120B on basis of circumstantial evidence by trial court-Acquittal 
by High Court-Correctness of-Held : High Court has given cogent and 
satisfying reasons for the acquittal of the accused-Hence, interference with 
such finding not called/or since Supreme Court would be slow in interfering 
with the findings of High Court, unless there is perverse appreciation of 
D evidence resulting in miscarriage of justice-Penal Code, 1860-Sections 302 
and 120B-Evidence Act, 1872. 
Penal Code, 1860-Sections 302 and 120B-Evidence Act, 1872-
,. 
Sections 3 and 27-Prosecution case that conspiracy among accused to murder 
E 
deceased-Conviction of one accused under section 302 read with section 
120B and also section 302 and imposition of death sentence by trial court-
Acquittal by High Court-Correctness of-Held : There is overwhelming 
evidence to prove his complicity in crime-Recovery of weapon used for causing 
death of the deceased, evidence of ballistic expert, his two extra-judicial 
,. 
confession, his presence at the place of incident during the relevant period 
F and also his involvement in several criminal cases and offences relating to 
fire-arms proves the case against him beyond reasonable doubt-Hence, 
conviction under section 302 justified, however due to long lapse of time 
.. 
sentenced reduced to life imprisonment. 
According to the prosecution, there was wide spread labour 
G movement by an organisation against the management of various 
industrial units. Management of various industrial units opposed the 
labour movement. N - leader of the organisation apprehended serious 
threats to his life from the industrialists. He made entries in his diary and 
recorded statement in the cassette with regard to apprehension of danger 
and also submitted memorandum to the President of India. He also 
H 
710 
1 
STATE OF M.P. v.PALTAN MALLAH 
711 
expressed the same to secretary general of PUCL and reporter of India A 
Today. Thereafter, at midnight, he was shot in his quarter. He succumbed 
to his injuries on the way to the hospital. Investigations were carried out. 
Post mortem examination was conducted and it was opined that death was 
due to bullet injuries. Statement of the witnesses were recorded. Diary of 
N was seized and several articles were recovered. Accused persons were B 
arrested. Ninth accused made extra judicial confession wherein he named 
A t, A 2, A 5 and A 6. At the iastance of ninth accused 12 bore country 
made weapon, 13 live cartridges of 12 bore, a foreign made revolver, 6 
live cartridges of .38 bore and motor cycle were recovered and were sent 
for forensic analysis. Pellets recovered from the body of N were also sent. 
Ballistic expert conducted the examination and submitted th.e report. Also C 
other incriminating articles were recovered from other accused. Trial 
Court examined prosecution witnesses. Sessions Judge on basis of the 
circumstantial evidence acquitted A6, A 7 and A-8 however, convicted At, 
A2, A3, A4, AS and A9 for offence under section 302 read with Section 
1208 IPC. A9 was also convicted under Section 302 IPC and sentenced to 
capital punishment and others were sentenced to life imprisonment. High 
Court acquitted all the accused. Hence the present appeals. 
Disposing of the appeals, the Court 
HELD : l. In appeal against acquittal, this Court would be slow in 
interfering with the findings of High Court, unless there is perverse 
appreciation of the evidence which resulted in serious miscarriage of 
justice and if High Court has taken a plausible view this Court would not 
be justified in interfering with the acquittal passed in favour of the accused 
and if two views are possible and High Court had chosen one view which 
D 
E 
is just and reasonable, then also this Court would be reluctant to interfere F 
with the judgment of the High Court. In the instant case, High Court has 
.... 
given cogent and satisfying reasons for the acquittal of the accused A-1 
to A-8. There is no reason to interfere w.ith such a finding. 
[718-E-G; 722-E) 
2.1. In order to prove the conspiracy among the accused to murder G 
the

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