IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1309 OF 2002

Gopal and Ors.                 ...Appellant(s)

Versus

State of Karnataka                ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The four appellants, along with one Naga @ Nagaraja  

and Anwar @ Md. Anwar (Accused No.3) were tried and, by  

judgment rendered by the Trial Court, acquitted of all the  

charges.  Against the order of acquittal, when appeal was  

preferred  by  the  State  of  Karnataka,  by  the  impugned  

judgement, the High Court upheld the acquittal of accused-

Naga  @  Nagaraja  but  set  aside  the  judgement  and  order  

passed by the Trial Court in relation to the appellants  

and  accused-Anwar @  Md. Anwar  and convicted  them under  

Section  302  read  with  Section  149  of  the  Indian  Penal  

Code, [for short, `I.P.C.'] and sentenced them to undergo  

imprisonment for life and to pay fine of Rs.2,000/- each.  

Appellants Nos.2-4,i.e., Hashim, V. Krishna and Basha @  

Kadir  Basha and  accused-Anwar @  Md. Anwar  were further  

convicted under Section 324 read with Section  149 I.P.C.  

and  sentenced  to  undergo  rigorous  imprisonment  for a  

....2/-

- 2 -

period of six months.  Both the sentences were, however,  

ordered  to  run  concurrently.   Against  the  order  of  

conviction, accused-Anwar @ Md. Anwar, it appears, did not  

move  this  Court.   This  appeal  has  been  filed  by  the  

remaining  four  accused  persons,  who  are  the  appellants  

before this Court.

We have perused the judgments of acquittal rendered  

by  the  Trial  Court  as  well  as  the  one  of  conviction  

recorded by the High Court.  We have also carefully gone  

through the entire evidence.  In our view, the reasons  

given by the Trial Court for disbelieving the evidence of  

witnesses and recording the order of acquittal cannot be  

faulted and the view taken by it is not only possible but  

a  reasonable  one.   It  is  well  settled  that  in  appeal  

against  acquittal,  the  appellate  court  should  not  

interfere with the order of acquittal unless the same is  

found to be perverse. As, in our opinion, the view taken  

by  the  Trial  Court  was  quite  reasonable,  the  order  of  

acquittal  could  not  have  been  said  to  be  perverse;  as  

such, the High Court was not justified in reversing the  

same.

We find that though accused-Anwar @ Md. Anwar did  

not prefer any appeal before this Court, but as his case  

also stand on the same footing, he is also entitled to the  

benefit as the four appellants before this court.   

Accordingly, the appeal is allowed, conviction and  

sentence of the appellants and accused-Anwar @ Md. Anwar  

are  set  aside  and  the  order  of  acquittal  rendered  in  

relation to them by the Trial Court is restored.

....3/-

- 3 -

The appellants, who are on bail, are discharged  

from the liability of bail bonds.

So far as accused-Anwar @ Md. Anwar is concerned,  

he is directed to be released forthwith unless required in  

connection with any other case.

......................J.             [B.N. AGRAWAL]

......................J.             [AFTAB ALAM]

New Delhi, September 01, 2009.