LexSTATE OF U.P. versus RAM SAJIVAN & ORS.
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A B [2009] 16 (ADDL.) S.C.R. 154 STATE OF U.P. v. RAM SAJIVAN & ORS. (Criminal appeai No. 686 of 2002) DECEMBER 04, 2009 [DALVEER BHANDARI AND A.K. PATNAIK, JJ.] Penal Code, 1860 - ss. 3021149, 364 and 201 - Commission of dacoity by accused-thakurs, abduction of eight " C persons of lower caste and thereafter, commission of brutal murder and bodies thrown in river - One victim survived - Only two dead bodies found - Conviction of accused for the said offence - Sentenced to life imprisonment along with other sentences - Acquittal by High Court - On appeal, held: D High Court acquitted the accused without analyzing the entire evidences and assigning cogent reasons - On facts, trial court's view is the only possible view - Evidence of surviving ., witness and head constable to the effect that accused committing the 'Said crime - No doubt regarding participation E of six accused in the crime, thus, their conviction by trial court restored, while others given benefit of doubt. Unfortunately, the centuries old Indian Caste System still takes its toll from time to time. This case unfolds the worst kind of atrocities committed by the so called upper- F caste (Kshatriya or Thakur) against the so called lower- t caste-Harijan caste in a civilized country. It is absolutely imperative to abolish the caste system as expeditiously G as possible for the smooth functioning of Rule of Law and Democracy in our country. In the instant case, accused persons belong to Thakur caste. On the fateful day, accused persons armed with weapons committed dacoity in the house of K and J-belonging to the Harijan caste. Thereafter, accused H 154 - STATE OF U.P. v. RAM SAJIVAN & ORS. 155 abducted K, J, DD, ·SK, SP, T, GR, ON; took them to the A bank of the river; brutally murdered them and then threw .... them in river where currents were very strong. K jumped into the stream of the river and saved his life. J was recovered from the river in an injured and unconscious state. Out of seven persons, bodies of only two persons B - were recovered. J regained consciousness and lodged the report. Her dying declaration was recorded. Thereafter, J succumbed to her injuries. The statements ~ of the witnesses were recorded. K-PW-14 was the only surviving injured eye-witness. Trial court convicted the c accused persons u/s. 302/149 IPC for committing murder and sentenced them to life imprisonment. Accused were also convicted for committing dacoities and sentenced to seven years rigorous imprisonment; convicted u/s. 364 IPC for abduction and sentenced to five years of D rigorous imprisonment; and u/s. 201 with four years y rigorous imprisonment. High Court acquitted all the accused. Hence the present appeal. Disposing of the appeal, the Court E HELD: 1. The scope of the powers of the appellate court in an appeal is well settled. The powers of the appellate court in an appeal against acquittal are no less than in an appeal against conviction. The appellate court 1 may review the evidence in appeals against acquittal u/ F ss. 378 and 386 CrPC, 1973. Its power of reviewing .evidence is wide and the appellate court can reappreciate the entire evidence on record. It can review the trial court's conclusion with respect to both facts and law. The accused is presumed to be innocent until proved guilty. G The accused possessed this presumption when he was before the trial court. High Court's acquittal bolsters the presumption that he is innocent. There must also be substantial and compelling reasons for reversing an order of acquittal. This Court would be justified in H 156 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R. A interfering with the judgment of acquittal of High Court only when there are very substantial and compelling reasons to discard the High Court decision. [Paras 36 and 49) [178-B; 187-D-H] 2.1. Trial court carefully examined the witnesses. It 8 observed that K-P.W.14 is the eye-witness to the occurrence and the only surviving person out of 8 persons who were abducted from village. It also observed that there was absolutely no material elicited by the defence in his cross-examination which may render C his statement unbelievable. According to the trial court, the statement of P.W.14 regarding the occurrence appears to be a true version of the occurrence. The accused persons and their companions committed multiple murders of the seven innocent persons of Harijan
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