STATE OF ASSAM Vs. DINESWAR DOLEY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21.8.2000 passed by the learned Sessions Judge, North Lakhimpur, in Sessions Case No.48(NL)/1997. By the aforesaid order the respondents/accused have been acquitted of the offences under Sections 147/148/149/ 447/302, I.P.C.

(2.) THE relevant facts may be noticed at this stage. A first information report was lodged before the in-charge, Panigaon Police Outpost by one Dineswar Doley, Beel Supervisor, alleging that certain persons belonging to Rajabura Gaon forcibly took away fishing nets erected in the Beel by villagers belonging to Ghuligaon village and furthermore that two fishermen engaged by the Ghuligaon villagers were abducted. On the basis of the aforesaid F.I.R. North Lakhimpur P.S. Case No.917/1990 under Sections 143/379/365/435, IPC was registered. It appears that after the said incident some of the Ghuligaon villagers armed with deadly weapons came to Rajabura village and recovered the fishermen who were taken away by the Rajabura villagers. THEreafter, an F.I.R. dated 11.11.90 was lodged by one Debakanta Pegu (PW 2), of Rajabura village alleging that the six accused named therein belonging to Ghuligaon village (respondents in this appeal) had attacked and caused injuries to several persons of Rajabura village with sharp weapons. THE incident mentioned in the F.I.R. is alleged to have taken place at about 10.00 A.M. of 11.11.90. On the basis of the aforesaid ejahar filed, North Lakhimpur P.S. Case No.913/1990 under Sections 147/148/149/447/326 (later on converted to Section 302), IPC was registered. It appears that on the same day i.e. 11.11.90 another F.I.R. was lodged by one Nila Kanta Pegu on behalf of Ghuligaon villagers alleging that when they had protested against the acts of the Rajabura villagers in destroying the fishing nets and taking away two fishermen the Rajabura villagers had attacked persons from the Ghuligaon village causing injury to them. On the basis of the aforesaid F.I.R. North Lakhimpur P.S. Case No.914/1990 under Sections 147/447/326/379, IPC was registered. Investigation in respect of the three cases registered, as noticed above, were undertaken by the investigating agency on completion of which charge-sheet was submitted against the named accused belonging to Ghuligaon village in North Lakhimpur P.S. Case No.913/90. Similarly, charge-sheet was submitted in North Lakhimpur P.S. Case No.914/90 against the villagers of Rajabura village. North Lakhimpur P.S. Case No.917/90 ended in Final Report.

(3.) BEFORE proceeding to consider the merits of the appeal in the light of the submissions advanced by the learned counsels for the parties we may briefly touch upon the power of the Court while considering appeals against orders of acquittal. The power of appellate court while considering orders of acquittal though same as in the case of appeals against orders of convictions, it is a fairly well recognized principle that orders of acquittal ought not to be disturbed merely because the appellate court is inclined to take a different view of the matter. Interference of the appellate Court will be justified primarily in a situation where the acquittal is founded on wholly unacceptable grounds and the findings recorded in support are diametrically opposed to the weight of the evidence on record. In other words, if the view taken by the learned trial court while acquitting the accused is a possible view merely because the appellate court disagrees with the view taken the same may not be a sufficient ground for interference.