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Himachal Pradesh High Court · body

2014 DIGILAW 1082 (HP)

STATE OF H. P v. HHC KASHMIR SINGH

2014-08-13

PIAR SINGH RANA

body2014
JUDGMENT : PIAR SINGH RANA, J. 1. Present appeal filed against the judgment passed by learned Special Judge Mandi HP in Corruption Case No. 1 of 2004 titled State Vs. HHC Kashmir Singh and another decided on 13.6.2011. BRIEF FACTS OF THE PROSECUTION CASE: 2. Brief facts of the case as alleged by prosecution are that on dated 4.9.2003 at about 8 PM accused persons posted as constables at Police Post City Mandi accepted Rs. 2000/- (Two thousand) as gratification from Raj Kumar other than legal remuneration and directly accepted Rs. 500/- (Five hundred) from complainant Raj Kumar as gratification other than legal remuneration by way of corrupt and illegal means for not impounding the bike of complainant Raj Kumar in case FIR No. 362 of 2003 dated 20.8.2003 registered under Sections 341, 323, 504 and 506 IPC. It is further alleged by prosecution that on the aforesaid date and time co-accused Kashmir Singh handed over illegal gratification other than legal remuneration to another co-accused Sunder Lal for concealing the same. It is further alleged by prosecution that both accused persons caused disappearance of evidence of the commission of said offence with intention of screening themselves from legal punishment. Charge was framed by learned trial Court against accused persons on dated 28.9.2007 under Sections 7, 13(2) of Prevention of Corruption Act and under Sections 120B and 201 of Indian Penal Code. Accused did not plead guilty and claimed trial. 3. Parties examined the following witnesses in support of their case:- 4. Prosecution also produced following piece of documentary evidence in support of its case:- 5. Feeling aggrieved against the judgment passed by learned Trial Court appellant filed present appeal u/s 378 of the Code of Criminal Procedure 1973 and a prayer for acceptance of appeal sought. 6. I have heard learned Assistant Advocate General appearing on behalf of the appellant and learned counsel appearing on behalf of the respondents and also perused the entire record carefully. 7. Question that arises for determination in present appeal is whether learned trial Court did not properly appreciate oral as well as documentary evidence placed on record and whether learned trial Court had committed miscarriage of justice. ORAL EVIDENCE ADDUCED BY PROSECUTION: 8.1. PW1 Sanjeev has stated that he is running tea shop near Police Post City Mandi for the last 20 years. ORAL EVIDENCE ADDUCED BY PROSECUTION: 8.1. PW1 Sanjeev has stated that he is running tea shop near Police Post City Mandi for the last 20 years. He has stated that on 4.9.2003 he was called by Constable Nand Lal to Police Post City Mandi and he went to Police Post. He has stated that police officials and other persons were sitting in Police post. He has stated that Dy. SP was also present in police post. He has stated that five notes of rupee hundred denominations were already kept on the table. He has stated that he does not know who had brought five currency notes. Witness was declared hostile by prosecution. He has stated that police officials used to purchase tea from his shop. He has stated that when he went inside the police post HHC Kashmir Singh was not inside the police post. He has denied suggestion that hands of HHC Kashmir Singh were got washed in police post in his presence. He denied suggestion that water after hand wash was mixed with mixture of sodium carbonate and that the colour of mixture turned into light pink. He denied suggestion that Dy SP Vigilance asked HHC Kashmir Singh to hand over currency notes of bribe to him. He denied suggestion that HHC Kashmir Singh told that he had given currency notes of bribe to HHC Sunder Lal. He has stated that he does not know that HHC Sunder Lal was sleeping on his cot in the barrack. He has denied suggestion that hand wash was mixed with mixture of sodium carbonate and the colour of mixture turned into pink colour. He has denied suggestion that HHC Sunder Lal told that currency notes of Rs. 500/- (Five hundred) handed over to him by HHC Kashmir Singh were kept by him in the pocket of his pant and after sometime he kept currency notes on the wall of the bath room. He denied suggestion that HHC Sunder Lal brought five currency notes of rupee hundred denominations from wall of the bath room. He denied suggestion that HHC Kashmir Singh, HHC Sunder Lal, Sachit Kumar, Raj Kumar and ASI Partap Singh were present at the police post. He denied suggestion that in order to protect the accused persons he resiled from earlier statement. He denied suggestion that HHC Kashmir Singh, HHC Sunder Lal, Sachit Kumar, Raj Kumar and ASI Partap Singh were present at the police post. He denied suggestion that in order to protect the accused persons he resiled from earlier statement. He has stated that Dy SP pressurized him to sign Ext PW1/A. He has stated that he could not identify those currency notes nor he could give detail of the number of notes. 8.2 PW2 HHC Nand Lal has stated that he was serving as HHC in PSACB Mandi. He has stated that on dated 4.9.2003 he was member of raiding party headed by Dy. SP Hira Singh Thakur. He has stated that Dy. SP Hira Singh Thakur prepared one mixture of sodium carbonate with water in one glass and in another glass he prepared mixture of phenolphthalein with water. He has stated that Raj Kumar and Sachit Kumar were also present. He has stated that both mixtures were similar to natural colour and when both mixture of sodium carbonate and phenolphthalein mixed together the colour of mixture turned into light pink. He has stated that mixture of sodium carbonate and phenolphthalein which were in white colour were shown to witnesses and two mixtures were also mixed together in the presence of witnesses. He has stated that thereafter mixture had turned into light pink colour. He has started that sample of powder of sodium carbonate was packed and sealed in one match box with seal impression 'H'. He has stated that similarly sample of powder of phenolphthalein was also packed and sealed in another match box with same seal impression 'H'. He has stated that sodium carbonate powder was sealed in parcel Ext P9 and phenolphthalein was packed and sealed in parcel Ext. P10. He has stated that memo Ext. PW2/A about two mixture of sodium carbonate and phenolphthalein was prepared which was signed by him as well as witnesses Sachit Kumar and Raj Kumar. He has stated that thereafter Raj Kumar handed over five currency notes of Rs. 100/- (One hundred) denomination each to Dy. SP H.S. Thakur. P10. He has stated that memo Ext. PW2/A about two mixture of sodium carbonate and phenolphthalein was prepared which was signed by him as well as witnesses Sachit Kumar and Raj Kumar. He has stated that thereafter Raj Kumar handed over five currency notes of Rs. 100/- (One hundred) denomination each to Dy. SP H.S. Thakur. He has stated that thereafter five currency notes were treated by SI Moti Ram with phenolphthalein powder and after treating the currency notes with phenolphthalein powder the same were handed over to complainant Raj Kumar with a direction that he should hand over currency notes to HHC Kashmir Singh when he would demand the same. He has stated that thereafter Dy. SP H.S. Thakur and other members of the raiding party went to police post City Mandi. He has stated that Dy. SP H.S. Thakur asked him to call witness Sanjeev Kumar to police post and then he called him to the police post. He has stated that after calling Sanjeev Kumar he came to police station ACB Mandi Zone. He has stated that no other independent witness was associated during the preparation of mixture of sodium carbonate and phenolphthalein. Self stated that there was Sachit Kumar and Raj Kumar present at that time. He has stated that no recovery was effected in his presence. He has stated that no person was interrogated in his presence. He has admitted that there are shops of photographers and video films near PP City Mandi. He has stated that he does not know that Raj Kumar is a notorious person. He has stated that he does not know that Raj Kumar was convicted. He has stated that he does not know that ten criminal cases were registered against him in police station. 8.3 PW3. SI Partap Singh has stated that he was posted as Incharge Police Post Mandi w.e.f. 2002 to 2004. He has stated that on dated 4.9.2003 Sh. Hira Singh Thakur Dy. SP Vigilance Mandi along with other police personnel came to Police Post City Mandi. He has stated that Dy. SP Hira Singh Thakur was accompanied by Raj Kumar, Sachit Kumar and Sanjeev Kumar. He has stated that a raiding party was formed by Sh. Hira Singh Thakur Dy. SP Vigilance Mandi. He has stated that co-accused Kashmir Singh was posted as Head Constable at that time at police post city Mandi. He has stated that Dy. SP Hira Singh Thakur was accompanied by Raj Kumar, Sachit Kumar and Sanjeev Kumar. He has stated that a raiding party was formed by Sh. Hira Singh Thakur Dy. SP Vigilance Mandi. He has stated that co-accused Kashmir Singh was posted as Head Constable at that time at police post city Mandi. He has stated that co-accused Kashmir Singh was present in the room of Investigating Officer at Police Post Mandi at the relevant time. He has stated that Dy. SP Hira Singh Thakur went to the room of Investigating Officer and introduced him to co-accused Kashmir Singh. He has stated that Dy. SP Vigilance Mandi asked co-accused Kashmir Singh to raise his hands. He has stated that hands of co-accused Kashmir Singh were caught by police officials. He has stated that co-accused HHC Sunder Lal rushed out of the room of Investigating Officer and went towards bath room. He has stated that Raj Kumar told them that he had handed over Rs. 500/- (Five hundred) to co-accused Kashmir Singh. He has stated that Raj Kumar also told that co-accused Kashmir Singh had handed over aforesaid Rs. 500/- (Five hundred) to co-accused Sunder Lal. He has stated that when co-accused Sunder Lal came out of bath room he was asked to raise his hands by Dy. SP Hira Singh Thakur and his hands were caught by police officials. He has stated that thereafter Dy. SP Hira Singh Thakur asked police constable to bring plate and jug of water from police mess. He has stated that steel plate and jug of water were brought to the room of Investigating Officer. He has stated that clean water was put in steel plate. He has stated that sodium carbonate was put in the water of steel plate and solution was prepared. He has stated that solution was prepared by Dy. SP Hira Singh Thakur in the presence of witnesses Raj Kumar, Sachit Kumar, Sanjeev Kumar, Inspector Gian Singh, Inspector Sita Ram, Constable Nand Lal and Constable Lal Singh. He has stated that colour of solution was similar to clean water. He has stated that hands of co-accused Kashmir Singh were washed with add of solution and colour of the solution turned pink. He has stated that thereafter aforesaid solution was put in clean nip and the same was sealed in separate parcel after affixing seal impression 'H'. He has stated that colour of solution was similar to clean water. He has stated that hands of co-accused Kashmir Singh were washed with add of solution and colour of the solution turned pink. He has stated that thereafter aforesaid solution was put in clean nip and the same was sealed in separate parcel after affixing seal impression 'H'. He has stated that steel plate was cleaned with water and thereafter sodium carbonate was mixed in the water and solution was prepared in the presence of witness. He has stated that thereafter hands of co-accused Sunder Lal were washed in the solution and colour of the solution turned pink. He has stated that solution was put in nip and sealed in separate parcel by Dy. SP Hira Singh Thakur. He has stated that pocket of the shirt was washed with solution and colour of the solution turned pink. He has stated that thereafter steel plate was again washed with clean water and sodium carbonate was put in the water of plate and solution was prepared in the presence of witness. He has stated that thereafter the shirt worn by co-accused Sunder Lal was put off from his person by Dy. SP Hira Singh Thakur. He has stated that pocket of shirt was dipped in the solution and colour of the solution turned pink. He has stated that thereafter shirt of co-accused Kashmir Singh was sealed in separate parcel. He has stated that Dy. SP Hira Singh asked the accused persons in the presence of witnesses as to where currency notes of Rs. 500/- (Five hundred) were kept by them. He has stated that co-accused Sunder Lal disclosed that Rs. 500/- (Five hundred) were handed over to him by co-accused Kashmir Singh and that currency notes were kept by him in the bath room on the upper side of wall. He has stated that co-accused Sunder Lal was asked by Dy. SP Hira Singh Thakur to show the place where he kept currency notes. He has stated that co-accused Sunder Lal took raiding party to bath room and currency notes were recovered at his instance. He has stated that recovered currency notes were five in number of 100 denominations each. He has stated that recovered currency notes were got tallied with the currency notes number mentioned in memo Ext. He has stated that co-accused Sunder Lal took raiding party to bath room and currency notes were recovered at his instance. He has stated that recovered currency notes were five in number of 100 denominations each. He has stated that recovered currency notes were got tallied with the currency notes number mentioned in memo Ext. PW2/B. He has stated that he does not know that 8/10 criminal cases were registered against Raj Kumar in police post city Mandi. He denied suggestion that currency notes were recovered from the bath room at the instance of complainant Raj Kumar. He denied suggestion that currency notes had been kept in the bath room by witness Raj Kumar in order to implicate accused persons falsely in present case. He has stated that he does not know whether disclosure statement of co-accused Sunder Lal u/s 27 of the Indian Evidence Act was recorded or not. He has admitted that many shops and houses are located adjacent to police post city Mandi. He has also admitted that photo studios are situated adjacent to police post Mandi. He denied suggestion that he was not present at Police Post Mandi at the time of incident. He denied suggestion that currency notes were not recovered in his presence. He denied suggestion that proceedings did not take place in his presence. 8.4. PW4 Suresh Kumar has stated that he was posted as Record keeper at SP Office Mandi for the last four years. He has stated that he was also posted on same seat in the year 2003. He has stated that he maintained the record relating to investigation of criminal cases in Mandi District. He has stated that FIR No. 362 of 2003 dated 20.8.2003 registered at Police Station Sadar Mandi under Sections 341, 323, 504 and 506 IPC was investigated by co-accused Kashmir Singh. He has stated that aforesaid FIR was registered against complainant Raj Kumar. He has stated that after completion of investigation charge-sheet was submitted in Court on dated 8.10.2003. 8.5. PW5 HHC Yog Raj has stated that he was posted as general duty Constable in Vigilance Wing of Police at Mandi w.e.f. 2003 to April 2010. He has stated that on dated 10.9.2003 MHC Balbir Singh had handed over case property to him relating to present case. 8.5. PW5 HHC Yog Raj has stated that he was posted as general duty Constable in Vigilance Wing of Police at Mandi w.e.f. 2003 to April 2010. He has stated that on dated 10.9.2003 MHC Balbir Singh had handed over case property to him relating to present case. He has stated that he was directed to deposit the articles vide RC No. 4 of 2003 in the office of FSL Bharari Shimla. He has stated that he deposited articles at FSL Bharari and obtained receipt from laboratory and thereafter handed over receipt to MHC at Police Station AC Zone Mandi. He has stated that case property was not tampered by him at any stage. He has admitted that samples had not been prepared in his presence. 8.6. PW6 HHC Raj Kumar has stated that he was posted as Constable at Police Post City Mandi in the year 2003. He has stated that co-accused Kashmir Singh and co-accused Sunder Lal were also posted at Police Post City Mandi in the year 2003. He has stated that copy of report No. 7 Ext. PW6/A dated 4.9.2003 is correct as per original record. He has stated that copy of report No. 16 Ext. PW6/B dated 4.9.2003 recorded in rojnamcha at Police Post City Mandi is also correct as per original record. He has stated that copy of goshwara Ext PW6/C dated 4.9.2003 pertaining to police post city Mandi is correct as per original record. He has stated that co-accused Kashmir Singh was posted as Investigating Officer at the relevant time at Police Post City Mandi. He has stated that copy of FIR Ext. PW6/D is correct as per original record. He denied suggestion that he deposed falsely against accused persons. 8.7. PW7 Constable Shashi Pal has stated that he was posted as Assistant in the office of Superintendent of Police Mandi in the year 2003. He has stated that a letter was received from Dy. Superintendent of Police Anti Corruption Zone Mandi praying for supplying copies of appointment orders and posting orders of accused persons. He has stated that thereafter copies of appointment orders of accused Kashmir Singh and Sunder Lal Ext. PW7/A and Ext. PW7/B were supplied to the office of Dy. SP Anti Corruption Zone Mandi. He has stated that copies of posting orders of aforesaid accused persons Ext. PW7/C and Ext. PW7/D were also supplied to Dy. He has stated that thereafter copies of appointment orders of accused Kashmir Singh and Sunder Lal Ext. PW7/A and Ext. PW7/B were supplied to the office of Dy. SP Anti Corruption Zone Mandi. He has stated that copies of posting orders of aforesaid accused persons Ext. PW7/C and Ext. PW7/D were also supplied to Dy. SP Anti Corruption Zone Mandi. He has stated that aforesaid copies are correct as per original record brought by him in Court. 8.8. PW8 Puran Chand has stated that he was posted as Criminal Ahlmad in the Court of Chief Judicial Magistrate Mandi in the year 2004. He has stated that he brought original record requisitioned from him. He has stated that copy of FIR Ext. PW6/D is correct as per original record. He has stated that challan pertaining to FIR was presented in the Court of Chief Judicial Magistrate Mandi on 8.10.2003. He has stated that criminal case was investigated by co-accused Kashmir Singh and he was cited as witness at serial No. 19 in the challan. He has stated that Raj Kumar son of Dharampal VPO Bijni Tehsil Sadar Mandi was also accused in present case investigated by co-accused Kashmir Singh. 8.9. PW9 ASI Balbir Singh has stated that he remained posted in vigilance Mandi as MHC in the year 2003. He has stated that Raj Kumar brought one complaint mark 'A' to Police Station. He has stated that he recorded FIR Ext. PW9/A which bears the signature of Dy. SP. He has stated that five currency notes worth Rs. 100/- each were sealed in a parcel, four nips sealed with seal impression 'H', two parcels sealed with seal impression 'H' containing two shirts and two match boxes containing sodium powder were deposited with him on dated 4.9.2003 along with sample seal. He has stated that he sent four nips, two parcels containing shirts, two match boxes and sample seals to FSL Junga through constable Yog Raj on 9.9.2003 vide RC No. 4 of 2003. He has stated that case property remained intact till it remained in his custody. He has stated that Raj Kumar came to Dy. SP at about 4 PM. He has stated that FIR was recorded at 4.10 PM. He has stated that one another person was accompanied Raj Kumar. He has stated that case property was deposited during the night. He has stated that case property remained intact till it remained in his custody. He has stated that Raj Kumar came to Dy. SP at about 4 PM. He has stated that FIR was recorded at 4.10 PM. He has stated that one another person was accompanied Raj Kumar. He has stated that case property was deposited during the night. He has stated that seals of the parcels were broken to check their contents. He has stated that he does not know who had resealed the parcels. He has stated that parcels were not resealed in his presence. He has stated that parcels were sent in open conditions to FSL but nips were sealed. 8.10. PW10 Raj Kumar has stated that he had a quarrel with Ramesh Kumar resident of village Bari. He has stated that FIR was registered against him in PP City Mandi. He has stated that said case was investigated by co-accused Kashmir Singh. He has stated that co-accused Kashmir Singh told him to pay Rs. 2000/- (Two thousand) and he would settle the criminal case. He has stated that he paid money to co-accused Kashmir Singh. He has stated that he was having a bike. He has stated that co-accused Kashmir Singh told him that bike was involved in dispute and he should pay Rs. 500/- (Five hundred) to him otherwise the bike would be impounded. He has stated that he told the accused that he did not have Rs. 500/- and would have to arrange for the money. He has stated that thereafter he came to the office of vigilance. He has stated that he was accompanied by Sachit. He has stated that he filed an application Ext. PW10/A before vigilance and thereafter a raiding party was formed. He has stated that police showed them phenolphthalein powder and sodium carbonate powder. He has stated that water was poured in two separate glasses. He has stated that phenolphthalein powder was added to one glass and sodium carbonate powder was added to another glass. He has stated that the water did not change its colour in either of glasses. He has stated that they were mixed together. He has stated that colour changed to light pink. He has stated that thereafter water changes its colour on mixing two chemicals. He has stated that water was thrown away and glasses were washed. He has stated that the water did not change its colour in either of glasses. He has stated that they were mixed together. He has stated that colour changed to light pink. He has stated that thereafter water changes its colour on mixing two chemicals. He has stated that water was thrown away and glasses were washed. He has stated that powders were put in separate match boxes and the same were sealed in different parcels. He has stated that a memo regarding the demonstration Ext. PW2/A was prepared. He has stated that Ext. P9 was the same parcel which was seized by the police in his presence. He has stated that it contains sodium carbonate powder. He has stated that he handed over five currency notes of Rs. 1000/- (One thousand) each to vigilance and the police noted the serial number of those notes. He has stated that these were treated with phenolphthalein powder. He has stated that these were put in his right pocket of his pant and memo Ext. PW2/B was prepared which was signed by him, Sachit Kumar and HHC Nand Lal. He has stated that he was directed not to unnecessarily fiddle with the currency notes and to deliver them on demand to accused Kashmir Singh. He has stated that Sachit was sent with him. He has stated that Sachit Kumar was directed to scratch his right ear with his right finger on the payment of money to accused Kashmir Singh. He has stated that a raiding party was formed and they were sent to PP City Mandi. He has stated that he and Sachit went to the room where co-accused Kashmir Singh was sitting. He has stated that co-accused Kashmir Singh inquired from him whether he had brought money on which he replied in affirmative. He has stated that he was brought outside the room near bathroom. He has stated that he paid Rs. 500/- (Five hundred) to co-accused Kashmir Singh and Sachit Kumar went out. He has stated that co-accused Sunder Lal was lying on bed in one room. He has stated that co-accused Kashmir Singh took out the money and delivered the money to co-accused Sunder Lal. He has stated that Dy. SP Hira Singh Thakur came and caught the hand of co-accused Kashmir Singh. He has stated that co-accused Kashmir Singh was apprehended. He has stated that he told Dy. He has stated that co-accused Kashmir Singh took out the money and delivered the money to co-accused Sunder Lal. He has stated that Dy. SP Hira Singh Thakur came and caught the hand of co-accused Kashmir Singh. He has stated that co-accused Kashmir Singh was apprehended. He has stated that he told Dy. SP that he had paid money to co-accused Kashmir Singh who had delivered money to co-accused Sunder Lal. He has stated that co-accused Sunder Lal went towards bath room and thereafter raiding party apprehended co-accused Sunder Lal as soon as he came out. He has stated that one empty plate was brought and mixture of sodium carbonate was prepared in that plate. He has stated that water did not change its colour. He has stated that the hands of co-accused Kashmir Singh were washed in that mixture. He has stated that colour changed to light pink. He has stated that water was put in a nip and it was sealed. He has stated that one nip Ext. P1 sealed with seal was produced and seals were intact. He has stated that nip Ext. P1 was the same nip which was prepared at the spot and it was seized vide seizure memo Ext. PW10/B. He has stated that plate was washed and water was thrown away. He has stated that thereafter another mixture of sodium carbonate was made in the same plate and hands of co-accused Sunder Lal were washed in that plate. He has stated that water changed its colour to light pink. He has stated that thereafter water was collected in one nip and it was sealed. He has stated that nip Ext. P2 was the same which was prepared at the spot and which was seized vide seizure memo Ext. PW10/C. He has stated that when Dy. SP inquired from co-accused Sunder Lal as to where he had kept the money he replied that he had kept money on the wall of bath room. He has stated that thereafter another mixture of sodium carbonate was prepared and shirt of co-accused Kashmir Singh was washed into that mixture. He has stated that water changed its colour to light pink. He has stated that sample was collected in another nip Ext. P17 which was seized vide seizure memo Ext. He has stated that thereafter another mixture of sodium carbonate was prepared and shirt of co-accused Kashmir Singh was washed into that mixture. He has stated that water changed its colour to light pink. He has stated that sample was collected in another nip Ext. P17 which was seized vide seizure memo Ext. PW3/B. He has stated that thereafter shirt was put in cloth parcel and it was seized vide same memo. He has stated that he identified the shirt which was taken into possession in his presence from co-accused Kashmir Singh. He has stated that shirt of co-accused Sunder Lal was washed into another solution of sodium carbonate and thereafter the colour changed to light pink. He has stated that water was poured into another nip. He has stated that shirt was put in a parcel and seizure memo Ext. PW3/A was prepared. He has stated that Ext. P13 is the same parcel which was prepared at the spot. He has stated that co-accused Sunder Lal took out money from the wall of bathroom. He has stated that serial numbers of notes were tallied. He has stated that Ext. P5 to Ext. P8 are the same currency notes which were delivered by him to co-accused Kashmir Singh whose serial number tallied with serial number mentioned in memo Ext. PW2/B and which were seized vide seizure memo Ext. PW1/A. He has stated that he had paid Rs. 2000/- (Two thousand) on 22nd and 23rd August, 2003 in the presence of Vijay Kumar in PP City Mandi. He has stated that two other accused were involved with him in the case of scuffle with Ramesh Kumar. He has stated that money was demanded from all of them and he had delivered money after getting the contribution. He has stated that he paid Rs. 1000/- (One thousand) and others paid Rs. 500/- (Five hundred) each after 10/15 days. He denied suggestion that co-accused Kashmir Singh did not demand Rs. 2000/- (Two thousand) from him. He denied suggestion that he had not paid Rs. 2000/- (Two thousand) to co-accused Kashmir Singh. He denied suggestion that he threatened co-accused Kashmir Singh and inquired as to why he had visited his house. He has stated that co-accused Kashmir Singh had met him at about 1.00 PM on dated 4.9.2003 and demanded Rs. 500/- (Five hundred). He denied suggestion that he had not paid Rs. 2000/- (Two thousand) to co-accused Kashmir Singh. He denied suggestion that he threatened co-accused Kashmir Singh and inquired as to why he had visited his house. He has stated that co-accused Kashmir Singh had met him at about 1.00 PM on dated 4.9.2003 and demanded Rs. 500/- (Five hundred). He denied suggestion that he hatched conspiracy to falsely implicate accused persons due to enmity. He has admitted that FIR No. 423/2003 was registered against him in PS Sadar u/s 380 IPC. Self stated that FIR was registered against him at the instance of accused and accused threatened him that he would declare him proclaimed offender. He has admitted that FIR No. 125/2004 dated 2.4.2004 was also registered against him under Sections 307 and 506 IPC. He has admitted that he was convicted in that case by Sessions Judge. He has admitted that FIR No. 219/1992 was also registered against him and his father under Sections 452 and 427 IPC. He has admitted that FIR No. 362/2003 was also registered against him under Sections 341 and 342 IPC. He denied suggestion that he was arrested on 12.12.2010 under Sections 107 and 151 Cr.P.C. He denied suggestion that accused persons were falsely implicated in present case to deter them from discharging their official duties. 8.11. PW11 Sita Ram has stated that he was posted as Investigating Officer in AC Zone Mandi in the year 2003. He has stated that Raj Kumar and Sachit Kumar came to AC Zone Mandi on dated 4.9.2003 had filed an application Ext. PW10/A before Dy. SP on which FIR Ext. 9/A was registered in Police Station. He has sated that raiding party consisting of him, Inspector Gian Singh, Constable Lal Singh, Constable Nand Lal, Dy. SP Hira Singh and Constable Moti Ram was prepared. He has stated that Raj Kumar and Sachit Kumar were also associated with raiding party. He has stated that Dy. SP Hira Singh Thakur called for two glasses and one jug of water. He has stated that water was poured in two glasses and phenolphthalein powder was added to one glass. He has stated that sodium carbonate was added to the other glass. He has stated that water did not change its colour. He has stated that when both solutions were mixed together water changed its colour to light pink. He has stated that water was poured in two glasses and phenolphthalein powder was added to one glass. He has stated that sodium carbonate was added to the other glass. He has stated that water did not change its colour. He has stated that when both solutions were mixed together water changed its colour to light pink. He has stated that Dy. SP explained to the members of raiding party that water changes its colour whenever sodium carbonate and phenolphthalein powder mixed together. He has stated that water was thrown away and glasses were cleaned. He has stated that sample of sodium carbonate and phenolphthaleins were taken into two different match boxes. He has stated that each match box was sealed in a different piece of cloth and sealed with seal 'H'. He has stated that memo Ext. PW2/A was prepared. He has stated that parcel Ext. P9 is the same in which sodium carbonate powder was sealed. He has stated that sodium carbonate Ext. P11 is the same powder which was sealed in his presence. He has stated that parcel Ext. P10 is the same parcel in which phenolphthalein powder was sealed which was seized in his presence. He has stated that Raj Kumar produced five currency notes of Rs. 100/- each and serial numbers of these currency notes were noted. He has stated that currency notes were handed over to Raj Kumar with the direction not to unnecessarily fiddle with those currency notes. He has stated that memo Ext. PW2/B was prepared. He has stated that Sachit Kumar was associated as shadow witness. He has stated that he was directed to scratch his right ear with his right finger at the time of delivery of money to co-accused Kashmir Singh. He has stated that they were sent to PP City Mandi with Dy. SP. He has stated that they waited at the gate for the signal and Sachit Kumar signaled after some time. He has stated that they went inside the room of Investigating Officer. He has stated that Raj Kumar and co-accused Kashmir Singh were present in the room of Investigating Officer. He has stated that Dy. SP disclosed the identity of police officials. He has stated that Raj Kumar told that co-accused Kashmir Singh had delivered the money to his co-accused Sunder Lal. He has stated that Dy. He has stated that Raj Kumar and co-accused Kashmir Singh were present in the room of Investigating Officer. He has stated that Dy. SP disclosed the identity of police officials. He has stated that Raj Kumar told that co-accused Kashmir Singh had delivered the money to his co-accused Sunder Lal. He has stated that Dy. SP made inquiry from co-accused Kashmir Singh about money but he gave evasive answers. He has stated that constable Lal Singh was asked to bring a plate and clean water. He has stated that thereafter he brought plate and water from mess. He has stated that plate was washed and thereafter a mixture of sodium carbonate was made. He has stated that water did not change its colour. He has stated that hands of co-accused Kashmir Singh washed in the said mixture. He has stated that water changed its colour to light pink. He has stated that water was poured in nip and the same was sealed with seal 'H'. He has stated that Ext. P1 is the same nip which was seized vide seizure memo Ext. PW10/B. He has stated that inquiry was made from co-accused Sunder Lal about money but he also gave evasive answer. He has stated that plate was washed and thereafter mixture of sodium carbonate was prepared in the plate. He has stated that water did not change its colour and the hands of co-accused Sunder Lal were washed in that solution. He has stated that water change its colour to light pink. He has stated that hand wash was poured into nip Ext. P2 which was sealed with seal 'H'. He has stated it was seized vide seizure memo Ext. PW10/C. He has stated that when inquiry was made from co-accused Sunder Lal again he disclosed that he had kept money on the wall in bath room. He has stated that constable Nand Lal was sent to call independent witness Sanjeev Kumar and Incharge ASI Lal Singh also arrived at the spot. He has stated that co-accused Sunder Lal went to bath room and brought the currency notes from bath room. He has stated that currency notes were tallied with the details prepared earlier. He has stated that these currency notes were sealed in a parcel with seal 'H' and were seized vide seizure memo Ext. PW1/A. He has stated that parcel Ext. He has stated that currency notes were tallied with the details prepared earlier. He has stated that these currency notes were sealed in a parcel with seal 'H' and were seized vide seizure memo Ext. PW1/A. He has stated that parcel Ext. P3 is the same which was prepared at the spot and it contains currency notes Ext. P4 to P8. He has stated that these currency notes were recovered in his presence. He has stated that Raj Kumar, Sachit Kumar, Sanjeev Kumar and ASI Partap Singh had put their signatures on memo. He has stated that Raj Kumar disclosed that when he had delivered money to co-accused Kashmir singh he had put money in the pocket of his shirt. He has stated that shirt of co-accused Kashmir Singh was taken off. He has stated that plate was washed with mixture of sodium carbonate and thereafter water did not change its colour. He has stated that thereafter pocket of shirt was washed in that mixture and water changed its colour to light pink. He has stated that solution was poured in a nip Ext. P17 and nip was sealed with seal 'H'. He has stated that shirt was sealed in a parcel with seal 'H' and these were seized vide seizure memo Ext. PW3/B. He has stated that parcel Ext. P15 is the same which was prepared in his presence. He has stated that shirt Ext. P16 is the same which was recovered from co-accused Kashmir Singh. He has stated that plate was washed again and solution of sodium carbonate was prepared. He has stated that Raj Kumar disclosed that co-accused Sunder Lal had put money in his shirt pocket. He has stated that pocket of shirt was washed into the plate and water change its colour to light pink. He has stated that solution was poured in a nip Ext. P18 and nip was sealed with seal 'H'. He has stated that thereafter shirt and nip were seized vide seizure memo Ext. PW3/A. He has stated that shirt was sealed in a parcel with seal 'H'. He has stated that parcel Ext. P13 is the same parcel which was prepared at the spot. He has stated that co-accused Sunder Lal is the same person who was arrested. He denied suggestion that Raj Kumar had falsely implicated the accused with the connivance of police officials. He has stated that parcel Ext. P13 is the same parcel which was prepared at the spot. He has stated that co-accused Sunder Lal is the same person who was arrested. He denied suggestion that Raj Kumar had falsely implicated the accused with the connivance of police officials. He denied suggestion that accused did not demand any money. He denied suggestion that money were not accepted by accused. He denied suggestion that no recovery was effected at the instance of accused. 8.12 PW12 Ajay Kumar Yadav has stated that he remained posted as SP Mandi w.e.f. 31.12.2003 till 30.5.2006. He has stated that he received report u/s 173 Cr.P.C. and police file from Director General of Police Vigilance for seeking prosecution sanction against co-accused Kashmir Singh and co-accused Sunder Lal. He has stated that he perused case file and after application of mind he accorded prosecution sanction Ext. PW12/A and Ext. PW12/B which bear his signatures. He has stated that it emerged from the perusal of case file that bribe was demanded for not impounding motorcycle of the complainant. He has stated that he was not aware that co-accused Kashmir Singh had handed over case file to SHO on 25.8.2003 after the completion of investigation. He has stated that there was no other motive for demanding money. 8.13 PW13 H.S. Thakur Additional S.P. has stated that he was posted as DSP AC Zone Mandi in the year 2003. He has stated that on dated 4.9.2003 Raj Kumar and Sachit came to the office of Vigilance and they filed an application Ext. PW10/A before him on which he recorded FIR Ext. PW9/A which bears his signatures. He has further stated that he formed a raiding party consisting of Inspector Sita Ram, Inspector Gian, SI Moti Ram, HHC Nand Lal, C. Lal Singh, C. Amar Lal, Raj Kumar and Sachit Kumar. He has stated that he called for two empty glasses and one jug of water and prepared solution of phenolphthalein in one glass and one solution of sodium carbonate in another glass with the help of water. He has stated that water did not change its colour in either of the glasses but when two solutions were mixed together the colour of water changed to light pink. He has also stated that water was discarded and each powder was put in different match box. He has stated that water did not change its colour in either of the glasses but when two solutions were mixed together the colour of water changed to light pink. He has also stated that water was discarded and each powder was put in different match box. He has stated that each match box was sealed in a parcel with seal 'H' and memo regarding the demonstration and seizure Ext. PW2/A was prepared. He has further stated that Raj Kumar produced the currency notes worth Rs. 500/-(Five hundred) in the form of five currency notes worth Rs. 100/- each. He has stated that serial numbers of the currency notes were noted and currency notes were treated with phenolphthalein powder. He has stated that currency notes were handed over to Raj Kumar with direction not to mix with other currency notes and to hand over the notes to accused on demand and memo Ext. PW2/B was prepared. He has further stated that Sachit was associated as a shadow witness and he was told to make a signal by putting his finger of right hand in the right ear on delivery of money by complainant to co-accused Kashmir Singh. He has stated that members of raiding party hide near the police post. He has stated that Sachit Kumar made the signal after sometime and all of them went inside the I.O. room of police post. He has stated that HC Kashmir Singh present in Court was present in I.O. room with Raj Kumar and he caught H.C. Kashmir Singh. He has stated that he disclosed his identity to accused. He has further stated that he inquired from co-accused Kashmir Singh about the bribe money but he did not give any answer. He has stated that C. Lal Singh was asked to bring water and plate. He has further stated that ASI Partap Singh ICPP City arrived in the I.O. room and he was also associated with investigation. He has further stated that solution of sodium carbonate and water was prepared in the plate and hands of co-accused Kashmir Singh were washed in the plate. He has stated that water changed the colour to light pink. He has also stated that he inquired from co-accused Kashmir Singh that colour had changed and where was the money. He has further stated that solution of sodium carbonate and water was prepared in the plate and hands of co-accused Kashmir Singh were washed in the plate. He has stated that water changed the colour to light pink. He has also stated that he inquired from co-accused Kashmir Singh that colour had changed and where was the money. He has stated that Raj Kumar told that co-accused Kashmir Singh had put money in pocket of his shirt and accused Kashmir Singh had gone to gallery after taking the money. He has stated that another Head Constable was sitting in the room adjacent to the gallery and name of that person was found to be Sunder Lal who was present in Court as co-accused. He has stated that inquiry was made from him about the money but he started dilly dallying. He has stated that plate was cleaned and solution of sodium carbonate was prepared with water in the plate. He has stated that hands of co-accused Kashmir Singh were washed in that solution and water changed its colour to light pink and both solutions were put in separate nips. He has further stated that each nip was sealed with seal 'H' and nips were seized vide seizure memos Ext. PW10/B and Ext. PW10/C. He has further stated that sample seal was taken separately on one piece of cloth and such impression is Ext. PW13/A. He has also stated that signatures of witnesses Sachit, Raj Kumar, HC Kashmir Singh and HHC co-accused Sunder Lal were obtained on the memos and inquiry was made from HHC co-accused Sunder Lal whether he had received the money. He has stated that co-accused Sunder Lal admitted that he had received the money from co-accused HC Kashmir Singh and had kept the money in the bathroom. He has further stated that thereafter HHC Nand Lal was sent to bring an independent witness and he brought Sanjeev Kumar after 5/10 minutes. He has stated that thereafter HHC Sunder Lal co-accused brought the money after going to bathroom and serial number of these currency notes were tallied and these were found to be identical vide memo Ext. PW1/A. He has further stated that shirt of co-accused HC Kashmir Singh was taken off and solution of sodium carbonate was prepared in the plate. He has stated that thereafter HHC Sunder Lal co-accused brought the money after going to bathroom and serial number of these currency notes were tallied and these were found to be identical vide memo Ext. PW1/A. He has further stated that shirt of co-accused HC Kashmir Singh was taken off and solution of sodium carbonate was prepared in the plate. He has also stated that pocket of shirt was washed in that solution and water changed its colour to light pink. He has stated that light pink solution was poured in a nip and nip was sealed with seal 'H' and seized vide seizure memo Ext. PW3/B. He has stated that shirt was also seized vide this seizure memo. He has also stated that shirt of co-accused HHC Sunder Lal was also taken off and fresh solution of sodium carbonate and water was prepared in the plate and pocket of shirt was washed. He has stated that water changed its colour to light pink and solution was poured in a nip and shirt and nip were seized vide seizure memo Ext. PW3/A. He has further stated that he conducted the investigation and prepared site plan Ext. PW13/B. He has stated that he recorded statements of witnesses as per their versions and statement of Sandeep Kumar Ext. PW13/C and statement of Sachit Ext. PW13/D were recorded as per their versions. He has stated that thereafter case property was deposited in Malkhana with HC Balbir Singh and accused were arrested. He has stated that after receipt of prosecution sanction he presented Challan in Court. He has denied suggestion that co-accused Kashmir Singh told him that complainant was a notorious person and 5/6 cases were pending against him. He has admitted that bathroom is accessible to all police officials. He has denied suggestion that Raj Kumar had kept the money in bathroom and he has also denied suggestion that false story has been concocted by Raj Kumar in connivance with police officials. He has denied suggestion that there are shops of photographers and videographer adjacent to police post. He has denied suggestion that no recovery was effected from the accused. He has denied suggestion that statements of prosecution witnesses were recorded as per his convenience. 8.14 PW14 Sachit Kumar has stated that nothing had happened in his presence. He has denied suggestion that there are shops of photographers and videographer adjacent to police post. He has denied suggestion that no recovery was effected from the accused. He has denied suggestion that statements of prosecution witnesses were recorded as per his convenience. 8.14 PW14 Sachit Kumar has stated that nothing had happened in his presence. He has stated that he was took to police post and he put his signatures upon the documents under the fear of police. Witness was declared hostile by the prosecution. He has denied suggestion that Raj Kumar told him that co-accused Kashmir Singh demanded Rs. 500/- (Five hundred) for settling the criminal case. He has denied suggestion that raiding party was formed in the office of Vigilance. He has denied suggestion that solution of sodium carbonate and phenolphthalein prepared in different glasses by dissolving separately in water. He has denied suggestion that when solutions were mixed the water changed its colour to light pink. He has denied suggestion that memo of demonstration Ext. PW2/A was prepared. He has denied suggestion that sample of phenolphthalein and sodium carbonate took in two different empty boxes and he has denied suggestion that each empty box sealed with seal 'H'. He has denied suggestion that he was directed to signal by scratching his right ear with his right finger on the payment of money by complainant to co-accused Kashmir Singh. He has denied suggestion that co-accused Kashmir Singh was sitting in PP City. He has denied suggestion that Raj Kumar complainant handed over the currency notes to co-accused Kashmir Singh. He has denies suggestion that Hira Singh Thakur caught hands of co-accused Kashmir Singh. He has denied suggestion that hand of co-accused Kashmir Singh were washed in the solution of sodium carbonate prepared in the plate. He has denied suggestion that hands of co-accused Sunder Lal were washed in fresh solution of sodium carbonate and solution turned pink. He has denied suggestion that shirt of co-accused Kashmir Singh was taken off and same was washed into fresh solution of sodium carbonate. He has denied suggestion that colour of water changed to light pink. He has denied suggestion that shirt of co-accused sunder Lal was washed with fresh water of sodium carbonate and also denied suggestion that colour of water changed to light pink. He has denied suggestion that colour of water changed to light pink. He has denied suggestion that shirt of co-accused sunder Lal was washed with fresh water of sodium carbonate and also denied suggestion that colour of water changed to light pink. He has denied suggestion that co-accused Sunder Lal told on inquiry that he had kept the currency notes in bathroom. He has denied suggestion that money recovered at the instance of co-accused Sunder Lal. He has denied suggestion that serial numbers of currency notes were tallied and same were found to be identical. He has denied suggestion that he had accompanied complainant Raj Kumar to the vigilance office. 9. Statements of accused were recorded u/s 313 Cr.P.C. They have stated that present criminal case has been filed due to enmity. 10. In present case, as per prosecution story co-accused Kashmir Singh handed over Rs. 500/- to another co-accused Sunder Lal and thereafter Rs. 500/- were recovered from bathroom in presence of independent witnesses namely PW1 Sanjeev and PW14 Sachit Kumar. PW1 has stated when he appeared in witness box that no currency notes were recovered from possession of accused in his presence. Similarly PW14 Sachit Kumar another eye witness of recovery also did not support the prosecution case and PW14 has stated that no recovery has been effected from possession of accused in his presence. In present case independent witnesses namely Sanjeev PW1 and Sachit Kumar PW14 did not support the prosecution story qua recovery from the accused as alleged by prosecution. 11. In present case two views have emerged qua recovery of currency notes from possession of accused. It is well settled that when two views are possible then view favourable to accused should be adopted in a criminal case. Even PW9 ASI Balbir Singh link witness when appeared in witness box has specifically stated that seals of parcels were broken. No reason has been assigned by prosecution about broken seals of parcels. 12. Submission of learned Assistant Advocate General appearing on behalf of the State that judgment passed by learned trial Court is based on surmises and conjectures and learned trial Court did not properly appreciate oral as well as documentary evidence adduced by prosecution is rejected being devoid of any force for the reasons hereinafter mentioned. 12. Submission of learned Assistant Advocate General appearing on behalf of the State that judgment passed by learned trial Court is based on surmises and conjectures and learned trial Court did not properly appreciate oral as well as documentary evidence adduced by prosecution is rejected being devoid of any force for the reasons hereinafter mentioned. In present case two independent witnesses of recovery of currency notes i.e. PW1 Sanjeev and PW14 Sachit Kumar did not support prosecution story as alleged by prosecution. It is well settled law that in criminal case the charge against the accused should be proved beyond reasonable doubt. There is no reason to disbelieve the testimonies of PW1 Sanjeev and PW14 Sachit Kumar. 13. Another submission of learned Assistant Advocate General that learned trial Court has discarded the testimonies of prosecution witnesses without assigning any reason is also rejected being devoid of any force for the reasons hereinafter mentioned. Learned trial Court has assigned contradictions in the testimonies of prosecution witnesses in para 20 of judgment. Learned trial Court has mentioned five contradictions in testimonies of prosecution witnesses. Court is of the opinion that learned trial Court has rightly pointed out five contradictions mentioned in para 20 of the judgment as per record and it cannot be held that learned trial Court has pointed out material contradictions as mentioned in para 20 of judgment without any basis. 14. Another submission of learned Assistant Advocate General appearing on behalf of the State that as per scientific evidence of sodium carbonate and phenolphthalein powder case of prosecution is proved beyond reasonable doubt in present case is rejected being devoid of any force for the reasons hereinafter mentioned. It is the story of prosecution that currency notes were recovered from possession of accused persons in presence of PW1 Sanjeev and PW14 Sachit Kumar independent witnesses but PW1 Sanjeev and PW14 Sachit Kumar when appeared in witnesses box have stated in positive cogent and reliable manner that no recovery was effected from possession of accused in their presence. Hence it is held that in present case two views have emerged. It is well settled law that when two views have emerged then view favourable to accused should be adopted by the Court. 15. Hence it is held that in present case two views have emerged. It is well settled law that when two views have emerged then view favourable to accused should be adopted by the Court. 15. Another submission of learned Assistant Advocate General appearing on behalf of the State that PW1 Sanjeev and PW14 Sachit Kumar have admitted their signatures upon seizure memo Ext. PW1/A and on this ground appeal be accepted is also rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that admission of signatures by independent witnesses is not sufficient because independent witnesses have not admitted the contents of seizure memo Ext. PW1/A when they appeared in Court. It is well settled law that prosecution is also under legal obligation to prove the contents of seizure memo Ext. PW1/A. Contents of seizure memo Ext. PW1/A are not proved on record as per testimonies of independent witnesses PW1 Sanjeev and PW14 Sachit Kumar. 16. Another submission of learned Assistant Advocate General appearing on behalf of the State that learned trial Court has not applied the ratio of judgment on recovery passed by Hon'ble Supreme Court in criminal appeal No. 127 of 1977 decided on 27.10.1983 and reported in State of Maharashtra Vs. Narsingrao Gangaram Pimple, AIR 1984 SC 63 and on this ground appeal be accepted is also rejected being devoid of any force for the reasons hereinafter mentioned. In present case it is the case of prosecution that currency notes were recovered from possession of accused in presence of two independent witnesses namely PW1 Sanjeev and PW14 Sachit Kumar but both witnesses have stated that no currency notes were recovered from possession of accused in their presence. PW14 Sachit Kumar has stated that he has signed memos due to fear of police officials. PW14 Sachit Kumar has stated in positive manner that fear was created by police officials upon him and he was forced to sign the memos by police officials. PW14 Sachit Kumar has stated in positive manner that he did not sign the memo voluntarily with his own consent. 17. Another submission of learned Assistant Advocate General appearing on behalf of the State that learned trial Court has illegally disproved the testimonies of police witnesses and on this ground appeal be accepted is also rejected being devoid of any force for the reasons hereinafter mentioned. 17. Another submission of learned Assistant Advocate General appearing on behalf of the State that learned trial Court has illegally disproved the testimonies of police witnesses and on this ground appeal be accepted is also rejected being devoid of any force for the reasons hereinafter mentioned. Court is of the opinion that Criminal Court are under legal obligation to peruse the oral as well as documentary evidence as a whole. After perusal of oral as well as documentary evidence adduced by prosecution as a whole it is proved on record beyond reasonable doubt that two views have emerged in present case as per testimonies of PW1 Sanjeev and PW14 Sachit Kumar and as per testimonies of police officials. 18. It was held in case reported in 1998(2) S.L.J. 1408 Shashi Pal and others vs. State of HP that if two versions appear in prosecution evidence then version beneficial to the accused, should be adopted. Also see 1993(1) SLJ 405 titled State of H.P. vs. Sudarshan Singh, See 1995(3) SLJ 1819 titled State of Himachal Pradesh vs. Inder Jeet and others, See 1995(4) SLJ 2728 titled State of H.P. vs. Diwana and others. It was held by Apex Court of India in Criminal Appeal No. 1320 of 1999 decided on 12th April, 2005 titled state of U.P. vs. Gambhir Singh and others that if two views are reasonably possible then one in favour of accused must be preferred. (Also see State of U.P. Vs. Gambhir Singh and Others, (2005) 11 SCC 271 ) It is well settled law that suspicion is not substitute for proof. (See Varkey Joseph Vs. State of Kerala, rep. By the Circle Inspector of Police, AIR 1993 SC 1892 and 1996(2) SLJ 890 titled Mulak Raj and others vs. State of Haryana). 19. It is well settled principle of law that if two reasonable conclusions are possible on the basis of the evidence on record, the appellate Court should not disturb the finding of acquittal recorded by the trial Court. (See Mookkiah and Another Vs. State rep. by the Inspector of Police, Tamil Nadu, AIR 2013 SC 321 titled State of Rajasthan vs. Talevar, See AIR 2012 SC (Supp) 78 titled Surendra vs. State of Rajasthan, See State of Rajasthan Vs. (See Mookkiah and Another Vs. State rep. by the Inspector of Police, Tamil Nadu, AIR 2013 SC 321 titled State of Rajasthan vs. Talevar, See AIR 2012 SC (Supp) 78 titled Surendra vs. State of Rajasthan, See State of Rajasthan Vs. Shera Ram @ Vishnu Dutta, AIR 2012 SC 1 .) It is also well settled principle of law (i) That Appellant Court should not ordinarily set aside a judgment of acquittal in a case where two views are possible though the view of the appellate Court may be more probable. (ii) That while dealing with a judgment of acquittal Appellant Court must consider entire evidence on record so as to arrive at a finding as to whether views of learned trial Court are perverse or otherwise unsustainable. (iii) That Appellate Court is entitled to consider whether in arriving at a finding of fact, learned trial Court failed to take into considered any admissible fact and (iv) That learned trial Court failed to take into consideration evidence brought on record contrary to law. (See Balak Ram Vs. State of U.P., (1975) 3 SCC 219 , See Allarakha K. Mansuri Vs. State of Gujarat, AIR 2002 SC 1051 , See Raghunath and Ram Kishan and Others Vs. State of Haryana and Others, AIR 2003 SC 165 , See State of Uttar Pradesh Vs. Ram Veer Singh and Others, AIR 2007 SC 3075 , See S. Rama Krishna Vs. S. Rami Reddy (D) by his LRs. and Others, AIR 2008 SC 2066 , Arulvelu and Another Vs. State represented by the Public Prosecutor and Another, (2010) CriLJ 433, Perla Somasekhara Reddy and Others Vs. State of A.P. rep. by Public Prosecutor, (2009) 8 JT 105 and Ram Singh @ Chhaju Vs. State of Himachal Pradesh, (2010) CriLJ 1655.) 20. In view of above stated facts and case law cited supra it is held that learned trial Court has correctly appreciated the oral as well as documentary evidence on record and it is held that there is no illegality and infirmity in judgment passed by learned trial Court. Hence appeal filed by State is dismissed and judgment of acquittal passed by learned trial Court is affirmed by way of giving benefit of doubt to accused persons. All pending miscellaneous application(s) also stands disposed of.