Reversal of Acquittal: Appellate court cannot reverse the acquittal on fresh appreciation of evidence and without recording any illegality error of law or of fact in the Trial court judgment
Head note: Challenge: Trial court acquitted the appellants but Hon’ble High court reversed the acquittal and held the appellants guilty of murder hence this appeal – Analysing the judgment of the Hon’ble High Court – Issue: Whether the High Court was correct in reversing the order of acquittal – The accused are not unknown to the victims – Presumption of innocence gets strengthened once accused acquitted – Points for consideration while reappreciate and reverse the order of acquittal into one of conviction – The infamous two views theory: When two views are possible, following the one in favour of innocence of the accused is the safest course of action – Conduct of P.W-3 analysed – Conduct of P.W-3 kept on sitting at the bus stand the entire night and further did not inform the outpost police about the incident inspires no confidence – Conduct of P.W-3 informing P.W-2 (after 18 hours) about the incident would inspire confidence if P.W-2 was residing close proximity – Conduct of P.W-3’s presence at the place of incident doubtful though there was a heavy assault by multiple accused persons but did not do any harm to P.W-3 – Conduct of P.W-4 unbelievable: P.W-4 self-admitted himself in the hospital despite he was unconscious – Injuries not believable: Injuries on the P.W-4 as per the wound certificate were simple in nature even though he was attacked by an axe at three sensitive places – Trial court was carefully analysed and appreciated all the factors – High court cannot reverse the acquittal without recording any illegality error of law or of fact in the Trial court judgment.