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Showing posts with label M.G. ESHWARAPPA & ORS. Vs. STATE OF KARNATAKA. Show all posts
Showing posts with label M.G. ESHWARAPPA & ORS. Vs. STATE OF KARNATAKA. Show all posts
Thursday, March 16, 2017

It is settled law that the First Information Report is not an encyclopaedia, and if the necessary details are there, on its basis detailed narration by the witnesses cannot be doubted.; the trial court committed grave error by accepting the defence case that the deceased might have died of the injuries suffered in an accident, as the possibility was not ruled out by PW-2 Dr. C. Francis. We have carefully gone through the statement of Dr. C. Francis. What he has stated in the cross-examination is “such injuries can be caused to a person if he meets accident”. There is no suggestion of the fact that at the place of incident any vehicle had passed through at the time of the indicent. The trial court appears to have taken support of conjectures and surmises. In the circumstances, we are of the opinion that the High Court has correctly held that the view taken by the trial court is perverse and against the evidence on record.= where two views are possible, the High Court should not interfere with the order of acquittal passed by the trial court. We agree with the principle of law that when two views are possible, the view taken by the trial court should not be disturbed, but in the present case the view taken by the trial court, as discussed above, was perverse and rightly held so by the High Court. For the reasons, as discussed above, we find no force in this appeal which is liable to be dismissed. Accordingly, the same is dismissed.

                        IN THE SUPREME COURT OF INDIA                        CRIMINAL APPELLATE JURISDICTION                        CRIM...