Facts of the case
- The two appellants (who are brothers) alongwith female family members, Guddi Devi, Seema and Gulab Devi formed an unlawful assembly in their village.
- Armed with lethal weapons they went near the “Bada” of Jagram and caused injuries to Sajana Devi with blunt weapon, simple injury to Jagram and his wife Malli Devi with blunt as well as incised weapon and also caused simple as well as grievous injuries to Kailash Chand with blunt and incised weapon.
- According to prosecution the offences under Sections 147, 148, 323, 324, 326 and 327 read with Section 149 of the IPC were committed by the accused persons on account of old enmity between the parties.
- The appellants took the defence that the members of the prosecution party have beaten the family members of the appellant and eventually the father of the appellant died.
- The injuries of family members of the appellant proved by Dr. Suresh Chand.
- The Trial Court noticed the defence case but did not discuss the same. The defence witnesses were neither commented upon nor there was any comment upon the defence exhibits and injuries sustained on their side.
- The Trial Court found the appellants guilty and awarded sentence.
- The High Court set aside the conviction of the appellants under Sections 307 and 307/34 of the IPC respectively but found them guilty under section 308/34 of the IPC. The High Court also set aside appellant’s conviction under Section 326 and 326/34 IPC respectively in view of their being found guilty under Section 308/34 of the IPC but maintained the conviction under Sections 323 and 324 of the IPC.
Judgment
The Hon’ble Supreme Court stated that,“This Court comes to a finding that the prosecution has suppressed the genesis and origin of the occurrence and also failed to explain the injuries on the person of the accused including death of father of the appellants, the only possible and probable course left open is to grant benefit of doubt to the appellants.The appellants can legitimately claim right to use force once they saw their parents being assaulted and it has been shown that due to such assault and injury their father subsequently died.In the given facts adverse inference must be drawn against the prosecution for not offering any explanation much less a plausible one. “
The appeal was allowed and the appellants were acquitted of all the charges.
BY: ANKIT RAJPUT