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news details
DB upholds trial court's order
9/13/2017 10:27:44 PM
Early Times Report
JAMMU, Sept. 13: A Division Bench of High Court of Jammu and Kashmir comprising of Justice Alok Aradhee and Justice B S Walia dismissed Cr. Acquittal Appeal preferred against the judgment dated 06.08.2012 passed by the trial court, by which the respondent has been acquitted of offence under sections 279/337/304-A RPC.
According to prosecution story , on 20.01.2006, the police authorities of Police Station, Kathua learnt from reliable source that a Tipper driven rashly and negligently by the respondent, knocked down two persons, namely Pappi and Babu Din near the CTM factory while reversing, as a result of which both of them sustained injuries. The Police authorities took cognizance of the matter and registered a case for offence under sections 279 & 337 RPC.
Additional Advocate General for the appellant submitted that the Tipper was being reversed by the respondent in a rash and negligent manner as a result of which one person died and another was injured. It is further submitted that there was no conductor in the Tipper to give signal to respondent (driver), as such, principle of res ipsa loquitur would apply in the case. It is also submitted that the trial Court has failed to appreciate the evidence available on record in its correct perspective, which has resulted in erroneous findings and consequent judgment.
DB considered the submissions made by the learned counsel for the parties, and opined that the trial court has recorded the findings, which are based on meticulous appreciation of evidence available on record. It is well settled in law that this Court while hearing an acquittal appeal can re-appreciate the evidence, however, it should not interfere with the order of acquittal if the view taken by the trial court is also a reasonable view of the evidence on record and the findings recorded by the trial court are not manifestly erroneous, contrary to the evidence on record or perverse.
DB dismissed the appeal with a view that the findings recorded by the trial court can neither be termed as perverse, contrary to the evidence or erroneous, therefore, no case for interference in this acquittal appeal is made out.
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