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CASE NO.: Appeal (crl.)  392-393 of 1998

PETITIONER: AYODHYA SINGH                    

RESPONDENT: STATE OF BIHAR & ORS.                    

DATE OF JUDGMENT: 03/02/2005

BENCH: B.P.SINGH & B.N.SRIKRISHNA

JUDGMENT: J U D G M E N T          

B.P.SINGH,J.     

                We have heard counsel for the Appellant who is the informant.  As many as eight persons were put up for trial before the 2nd  Additional Sessions Judge, Bhabua in Sessions Trial Case No. 285/5 of  1994. By Judgment and Order dated 22nd November, 1995 the Trial  Court acquitted as many as six of the accused persons but convicted  Respondent Nos. 2 and 3 of the offences under Section 302 IPC and  Section 27 of the Arms Act. Respondent No. 2 was sentenced to death  whereas Respondent No.3 was sentenced to imprisonment for life.

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       Two separate appeals were preferred by Respondent Nos. 2 and  3 before the High Court of Judicature at Patna being Criminal Appeal  Nos. 379 and 406 of 1995 which were heard along with Death  Reference No.3 of 1995. The High Court, on a consideration of the  evidence on record, came to the conclusion that the Trial Court was  fully justified in acquitting six of the accused persons and the evidence  of the eye-witnesses did not appear to be reliable inasmuch as even  those eye-witnesses who alleged overt acts against some of the  acquitted accused persons were not believed. In fact, two of the accused  persons against whom overt acts were alleged, were not even named in  the first information report. The High Court thereafter considered the  evidence of the sole eye-witness, the informant Ayodhya Singh (PW9),  and did not rely on his evidence, particularly when the other eye- witness namely Jatau Ram was not even examined by the prosecution.  The High Court has noticed the fact that the deceased and the  prosecution witnesses are closely related. The High Court was not  satisfied with the evidence led by the prosecution  

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with regard to the motive for the assault nor did the genesis of the  occurrence appear to be natural. Having regard to all these facts, the  High Court gave Respondent Nos. 2 and 3 the benefit of doubt and  acquitted them of the charges levelled against them.

       We have gone through the record placed before us and having  considered the material on record we are satisfied that the view taken  by the High Court is a possible reasonable view on the evidence on  record. It is well settled that if on the same evidence two views are

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reasonably possible, where the Court below takes a view in favour of  the accused, the Appellate Court will not set aside the order of acquittal  unless it finds the findings to be perverse, highly unreasonable, based  on no evidence on record or made in ignorance of relevant evidence on  record or for other such reasons. We find that in the instant case, the  High Court appreciated the evidence on record and recorded its findings  which appear to be reasonable and based on evidence on record.  

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       We, therefore, find no reason to interfere with the Judgment of  the High Court. These appeals are, therefore, dismissed.