UNION OF INDIA v. BALI RAMU PAWAR & ORS

Citation: [2008] 14 S.C.R. 487

Court: Supreme Court of India

Bench: ARIJIT PASAYAT, MUKUNDAKAM SHARMA

Case summary

UNION OF INDIA v. BALI RAMU PAWAR & ORS.pdf

Judgment text

[2008] 14 S. C. R. 487 ~ UNION OF INDIA v. BAU RAMU PAWAR & ORS. (Criminal Appeal No. 733 of 2002) OCTOBER 15, 2008 [DR. ARIJIT PASAYAT AND MUKUNDAKAM SHARMA, ~ JJ. ] Penal Code, 1860 - ss. 1208, 143, 147 and 148 and ss. 302, 307, 323, 324, 427 and 506 (II) rlw s. 149 - Prosecution under - Trial Court convicting accused Nos.. 1 to 4 for all the offences and acquitting them uls. 1208 - Rest of the accused (accused Nos. 5 to 9) acquitted of all the charges - Appeal challenging acquittal order in respect of all the accused - High Court summarily dismissed the appeal with reference to accused Nos. 5 to 9 only - On appeal, held: Order of High Court not maintainable - It was passed without discussing reasons --+ for concurring with the view of trial court and without reference to the accused Nos. 1 to 4 - Matter remitted to High Court. . Respondents-acccused (Accused Nos. 5 to 9), a\ongwith four other accused (Accused Nos. 1 to 4) were prosecuted u/ss. 120 B, 143, 147 and 148 and u/ss.

302, 307 323, 324, 427 and 506 (II) r/w s. 149 IPC. Trial court acquitted the respondents-accused of all the charges, and convicted accused Nos. 1 to 4 for all the charges except .. _;-f u/s. 1208 IPC. State filed appeal against acquittal of the respondents-accused and against acquittal of accused Nos. 1 to 4 u/s. 120 B IPC. High Court dismissed the same holding that acquittal of respond_ents-accused did not call for interference. Hence the appeal. Disposing of the appeal and remitting the matter to ~ High Court, the Court HELD: High Court has simply referred to the conclu- 488 SUPREME COURT REPPRTS , · [2008] 14 S. C. R. sion of the trial Court tO come to a conclusion that the same cannot be termed to be unreasonable or perverse. The appeal has been dismissed so far as accused Nos. 5 to 9 are concerned, by holding that it was a possible view. There was no discussion as to why it is so. High Court has only referred to "the acquittal of accused nos. 5 to 9.

The appeal filed by the State also related to the acquittal of accused Nos. 1 to 4 of the charges relating to Section 1208 IPC. No finding was recorded so far as the other four accused persons are concerned and, Jn any event, accused Nos. 1 to 4 have questioned their conviction, and appeal is pending. Investigation· by CBI was directed as the investigation by the local police was found to be not fair. That being so, the order of the High Court is not maintainable. [Paras 5, 6 and 7) (493-8-C-E] CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 733 of 2002 From the final Judgment and Order dated 14. 3. 2001 of the High Colirt ofJudicature at Bombay in Crimirial Appeal No. 926 of 2000 Harish Chandra, Kiran Bhardwaj, B. K. Prasad and P. Parmeswaran for the Appellant. Shdharth Luthra, Sanjeev, Sachdeva and Ravindra Keshavrao Adsure for the Respondents. · The Judgment of the Court was delivered by DR. A~IJ. IT PASAYAT, J. 1.

Challenge in this appeal is to the judgment df a Division Bench of the Bombay High Court dismissing the appeal filed by the appellant questioning the correctnes~ of the judgment rendered by learned Sessions Judge, DadraAnd Nagar Haveffand:Silvassa in Sessions Case No. 24/1999. The appeal was filed on the ground that acquittal as recorded was uncalled for. 2. Prosecution version as unfolded during trial is as follows: --i I One Mohan Delkar had contested the election for the post of M. P. on behalf of B. J. P. On 6/3/1998, while one Uttam Patel contested the said election on behalf of Shiv Sena in Dadra and Nagar Haveli Constituency. During the said election Uttam Patel was defeated and Mohan Delkar won the election. After declaration of the said election results, there were incidents of violence and 'shop premises' of Shiv Sena workers were de- ..... __.. , strayed by the workers of Mohan Delkar. The car of Dr. Guiab Patel (P. W.

5) who was the main supporter of Uttam Patel was also destroyed by the supporters of Mohan Delkar. Some of the present accused were also involved in the said incident of burning the car. It is further case of the prosecution that during the election period, complainant Kumar Shanmugam, the owner of the hotel used to serve eatables to the workers of Uttam Patel, Shiv Sena candidate for M. P. A threat was also given to said Kumar Shanmugam for the same by the supporters of Mohan Delkar. -i On the fateful day i. e. on 7/6/1998 at about 10. 15 a. m. , 10 to 12 persons came in two rickshaws and entered in the hotel of Kumar Shanmugam after breaking the glass of windows. The customers who were sitting in the hotel went running towards the kitchen and one of the customers closed the shutter of the rear side. The complainant Shanmugam was inside the kitchen while the hotel manager Virendra Choudhary was sitting on the counter and other employees namely Vasu Pillai (P. W.

12) and Kumar Ganpati (P. W. 15) were in the main hall. The assailants -c-f were armed with sword, Iron bar, hockey sticks etc. As the. complainant Kumar Shanmugam was not found there, they assaulted the other employees present there. His employees particularly Virendra Choudhary and Vasu Pillai were severely beaten and sustained serious injuries. Meanwhile, the complainant Kumar Shanmugam contacted Dr. Guiab Patel (P. W. 5) on phone and requested him to inform the police and to arrange for vehicle. ~ The complainant Kumar Shanmugam (P. W. 11) simultaneously contacted Control Room for help. Then Dr. Guiab Patel (P. W. 5) arranged vehicle and sent two friends namely Shri Aslam Khutliwala (P. W. 3) and 'Ronald Couttho (P. W. 18) in Maruti car. ~ Then these injured were taken to Cottage Silvassa where the statement of Kumar (P. W,11) came to be recorded as FIR vide Exh. 54. In view of the seriouS, conditions, Choudhary and Vast.! Pillai were shifted to Handa hospital at Vapi.

Virendra Choudhary who was unconscious since beginning was then ta;l --- After dealing :i;vith various offences purported to have been ,,. _ made against accused Nos. 1 to 4 the trial Court found them ' . guilty and imposed sentences. Accused Nos. 1 to 4 were ac- ,.. quitted of the charges relating to Section 1208 IPC. Accused Nos. 5 to 9 the present respondents were found not guilty and were acquitted from all the charges levelled against them. Aggrieved by the order of learned Sessions Judge, the appellant filed an appeal before the High Court challenging the acquittal of Accused Nos. 1 to 4 for offence punishable under Section 1208 IPC and accused Nos. 5 to 9 from all the charges. The }-- High Court dismissed the appeal and observed as follows: "Heard counsel for the parties. We are satisfied that the order of acquittal passed in favour of accused Nos. 5 to 9 does not call for any interference. On the basis of the material ·on record, the.

conclusion reached by the trial Court cannot be said, to be unreasorrable or perverse. In fact the view taken by the trial Court is a possible reasonable view on the evidence \--' on record. This appeal is therefore dismissed. " 3. According to the learned 9ounsel for the appellant the appeal is still pending so far as the appeal filed by accused persons 1 to 4 is concerned. By a cryptic and practically non- _, "JC-_ reasoned order the High Court has dismissed the appeal. ; ·4. Learned counsel for the respondents submitted that the High Court found the evidence to be not believable so far as the ------i present respondents are concerned and therefore was justified in dismissing the appeal. 5. It is to be noted that the High Court has simply referred to the conclusion of the trial Court to come to a conclusion that the same cannot be termed to be unreasonable or perverse.

It 8 is pointed out that no finding was recorded so far as the other four accused persons are concerned, and in any event the ac- --1 cused Nos. 1 to 4 have questioned their conviction and appeal is pending. 6. It is to be noted that investigation by CBI was directed as the investigation by the local police was found to be not fair. The appeal has been dismissed so far as the present respondents are concerned, by holding that it was a possible view. There was no discussion as to why it is so. 7. It is to be noted that the High Court has only referred to the acquittal of accused Nos. 5 to 9. The appeal filed by the present appellant also related to the acquittal of accused Nos. 1 to 4 of the charges relating to Section 1208 IPC. 8. That being so, the order of the High Court is also not maintainable. 9. Undisputedly, as pointed out above, the appeal of Accused Nos. 1 to 4 who are convicted is pending.

It would be appropriate to take up the appeals together for disposal in accordance with law. Accordingly, we set aside the impugned or- -A der and remit the matter to the High Court for fresh consideration. The appeal shall be taken up along with the appeal filed by the convicted accused persons. K. K. T. Appeal disposed of.