STATE Vs. PUTTASWAMAPPA

JUDGEMENT

(1.) THIS appeal against acquittal is directed against the Judgment wherein the learned trial Judge has in the course of the very detailed analysis examined the evidence very carefully and has recorded a finding that the prosecution witnesses have obviously suppressed the truth It is this finding that the learned Addl. SPP whom we have heard on merits has seriously contested, because, it is his submission that the oral evidence is almost without any infirmity and merely because there is no explanation for the injuries ipso facto it could never be concluded that the witnesses are not truthful. We are unable to accept his submission because the evidence which is required to be assessed in an appeal cannot be dissected and accepted piecemeal, merely because the version put forward before the Court has not been rebutted by any cross examination. It is well-settled law that the prosecution has to explain the injuries on the accused. This is a case, which goes even further because the accused No. 2 died on the spot and accused 1 and 3 have sustained injuries of some consequence The prosecution is silent with regard to how it happened and where the trial Court records the finding that obviously the PWs are keeping something back from the Court because they were the aggressors, we find it difficult to interfere with the conclusion There is a long-standing family dispute and hostility between the parties, which very clearly presupposes that enmity, which is a double-edged sword, would have provoked both the parties to attack the opposite number It is this very glaring infirmity that has cast serious doubt on the prosecution evidence and inevitably resulted in an order of acquittal, the law has been correctly applied by the Court and interference by this Court would be totally impermissible. Despite having done a total review of the record we see no ground on which the order of acquittal can be disturbed. The appeal, accordingly, fails on merits and stands dismissed.