KHEDU MOHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave is directed against the decision of single Judge of the High Court of Judicature at Patna setting aside the acquittal of the appellants and convicting them under Ss. 379/149, I. P. C. as well as under Section 143, I. P. C.

(2.) The appellants were prosecuted before the Munsiff Magistrate, 1st Class, Arrah, for dishonestly cutting and removing the paddy crop in plots Nos. 340 and 346 pertaining to khata No. 82 in village Ibrahim Nagar District Shahbad. The complainant's case is that those lands belonged to him and the appellants unlawfully trespassed into that property on November 19, 1961 and harvested the rice crop. The appellants pleaded not guilty to the charge. The learned trial Magistrate held the appellants guilty and convicted them as mentioned earlier. In appeal the learned District Judge, Shahbad acquitted the appellants. He felt unable to rely on the prosecution case for three different reasons. Firstly he came to the conclusion that the witnesses who spoke about the occurrence are all interested witnesses and it is unsafe to place reliance on their testimony. He secondly came to the conclusion that there was considerable delay in filing the complaint and the delay in question has not been explained by the prosecution and that circumstance throws doubt on the prosecution case. Lastly he held that the non - examination of the police inspector who is said to have come to the place of occurrence at the time of the occurrence and seen some of the appellants harvesting the crop casts further doubt on the prosecution case. The High Court differing from the 1st appellate Court held that there was no delay in filing the complaint nor was the non-examination of the police inspector a circumstance, that went against the prosecution. It did not deal with the finding of the 1st appellate Court that it is unsafe to place reliance on the evidence of P. Ws. 1 to 4 as they were interested witnesses.

(3.) It is true that the powers of the High Court in considering the evidence on record in appeals under Section 417, Criminal P. C. are as extensive as its powers in appeals against convictions but that Court at the same time should bear in mind the presumption of innocence of accused persons which presumption is not weakened by their acquittal. It must also bear in mind the fact that the appellate Judge has found them not guilty. Unless the conclusions reached by him are palpably wrong or based on erroneous view of the law or that his decision is likely to result in grave injustice, the High Court should be reluctant to interfere with his conclusion. If two reasonable conclusions can be reached on the basis of the evidence on record then the view in support of the acquittal of the accused should be preferred. The fact that the High Court is inclined to take a different view of the evidence on record is not sufficient to interfere with the order of acquittal.