STATE OF MAHARASHTRA Vs. ASHOK NARAYAN DESHMUKH

JUDGEMENT

(1.) This appeal against acquittal brings to mind the celebrated words of Viscount Simon that "a miscarriage of justice may arise from the acquittal of the guilty no less than from the conviction of the innocent..." the principle which has been quoted with approval by the Supreme Court in the case of Shivaji Sahebrao Bobade v. State of Maharashtra,.

(2.) Here in this case it has been proved beyond doubt that one group of hooligans and vandals entered Court premises when the Court was working, killed one person, injured another with deadly weapons and knocked the chamber of the Judge demanding custody of third victim and ransacked the Court, with result of acquittal of all accused, though there was sufficient evidence at least against some of the accused persons. This case also raises several basic questions and is also a reflection on many of us. We find that so called independent persons from a noble profession, many of whom have witnessed the incident have chosen to shy away from the Court claiming total ignorance, and a few of them who came forward claimed that they were not knowing who were the culprits, though the incident had occurred and witnessed by them. Not a single person from local staff came forward even though the institution was attacked. Some of the witnesses who spoke something against the accused in their examination-in-chief, gave some admission in cross-examinations, so as to nullify effect of the examinations-in-chief. Others who supported the prosecution case were stamped as interested, partisan persons without trying to know whether really they had personal interest in conviction of the accused. Thus ultimately all the accused were acquitted and muscle power of vandals triumphed over the cause of justice. We also find that instead of undertaking desirable though arduous process of verifying veracity of each witness and sifting truth from falsehood, with the help of few discrepancies and inconsistencies, the judgment of acquittal was recorded against all the accused.

(3.) This Court is aware of the limitations when an Appellate Court in an appeal against acquittal can interfere. The Hon ble Supreme Court in the case of Ghurey Lal v. State of U.P.,2008 AIR SCW 6598, in para 73 after taking stock of entire case law right from Sheo Swarup v. R. Emperor,1934 AIR(TC) 227, till date, summarised the law as follows: