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2019 DIGILAW 550 (HP)

Sadiq Mohammad & Another And Other v. Parvej Mohammad

2019-05-02

CHANDER BHUSAN BAROWALIA, DHARAM CHAND CHAUDHARY

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JUDGMENT Chander Bhusan Barowalia, J. - The present appeals, that is, Criminal Appeal No. 151 of 2012 maintained by Shri Sadiq Mohammad and others and Criminal Appeal No. 313 of 2012 maintained by the State of Himachal Pradesh, are preferred against impugned judgment dated 31.12.2011, passed by learned Additional Sessions Judge, Mandi, District Mandi, H.P., in Sessions Trial No. 6 of 2005, whereby the respondents/accused persons (hereinafter referred to as "the accused persons") were acquitted for the commission of the offence punishable under Section 302, 307, 147, 148, 149, 325, 324, 323 and 506 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Section 25 of Indian Arms Act. 2. The facts giving rise to the present case, as per the prosecution story, can tersely be capsulated as under: On 01.11.2004, at about 07:30 a.m., Sadiq Mohammad (complainant and appellant in Criminal Appeal No. 151 of 2012) was in his home and Sarwar Hussain, Talib Hussain and deceased Nazir Ali were busy cultivating the fields. Sadiq Mohammad heard some noise, so he went ahead of the courtyard and saw Ashraf Mohammad, Anwar Hussain, Parvej Mohammad, Guddi, wife of Parvej Mohammad and Anwar Hussain armed with axe, sword, stick, gandasa etc. and they were beating Sarwar Hussain, Talib Hussain (appellants in Criminal Appeal No. 151 of 2012) and Nazir Hussain (the deceased). Accused Parvej Mohammad inflicted injuries on the person of the deceased with an axe and Sadiq Mohammad also suffered injury on his head. As per the prosecution story, many people gathered on the spot and the accused persons also threatened to kill the complainant party. Subsequently, injured persons were shifted to hospital and intimation qua the occurrence was given to the police. Police recorded the statement of Sadiq Mohammad, which was sent to police station, whereupon FIR was registered against the accused persons. During the medical treatment, the deceased succumbed to his injuries, so inquest on the corpse was conducted. The corpse was also photographed. Dr. Jiva Nand conducted postmortem of the deceased and found that the injuries sustained by him could be caused by sharp edged weapon. Injured Sarvar Hussain and Talib Hussain were medically examined in Zonal Hospital, Mandi. Injuries sustained by injured Sarvar Hussain and Talib Hussain were found dangerous to life. Medical examination of injured Sadiq Mohammad was also conducted. Dr. Jiva Nand conducted postmortem of the deceased and found that the injuries sustained by him could be caused by sharp edged weapon. Injured Sarvar Hussain and Talib Hussain were medically examined in Zonal Hospital, Mandi. Injuries sustained by injured Sarvar Hussain and Talib Hussain were found dangerous to life. Medical examination of injured Sadiq Mohammad was also conducted. Police went on the spot, prepared the spot map and recovered two bamboo sticks, a stick of marinu, blood stained earth lying on the spot and grass stained with blood. A sheath of sword, which was stained with blood and earth, was also taken into possession from the spot. Blood, which was lying in the veranda at different places, was preserved. The spot maps of the recovery of the above articles were prepared. Sadiq Mohammad produced a sword, which was without sheath, and an axe. Police conducted the sealing of the recovered articles and sample seals were taken on a separate piece of cloth. Sketches of sword and axe were prepared and photographs of the spot were clicked. Sarvar Hussain produced a vest, shirt and pants, which were sealed and taken into possession. One Mohammad Gulshad also produced a shirt, which was also sealed and taken into possession. Injured Talib Hussain produced a shirt, a payjama and a vest, which were taken into possession by the police. The spot was got demarcated and demarcation report was obtained. Shri Balkrishan, Patwari, visited the spot and issued tatima and jamabandi. The scientific samples were sent to forensic analysis and report in this regard was obtained. After completion of investigation, challan was presented in the Court. 3. The prosecution, in order to prove its case, examined as many as fifteen witnesses. Statements of the accused persons were recorded under Section 313 Cr.P.C., 1973 wherein they pleaded not guilty. In defence, the accused persons examined one witness, i.e., Dr. Devender Sharma. 4. The learned Trial Court, vide impugned judgment dated 31.12.2011, acquitted the accused persons for the commission of the offence punishable under Section 302, 307, 147, 148, 149, 325, 324, 323 and 506 IPC. 5. The learned Additional Advocate General has argued that the learned Trial Court has wrongly appreciated the facts and law and the impugned judgment is based on surmises and conjectures, thus the same is liable to be set aside. 5. The learned Additional Advocate General has argued that the learned Trial Court has wrongly appreciated the facts and law and the impugned judgment is based on surmises and conjectures, thus the same is liable to be set aside. He has further argued that there is ample material on record which clearly shows that the accused persons were aggressors and committed the crime. He has argued that the learned Trial Court did not appreciate the evidence in its right and true perspective and the accused persons were wrongly acquitted. The evidence, which has come on record, is sufficient to convict the accused persons. He has argued that the accused persons be convicted by setting aside the judgment of the learned Trial Court. Conversely, the learned Senior Counsel for the accused persons has argued that nothing has come on record, which could establish the guilt of the accused persons beyond the shadow of reasonable doubt. He has further argued that the learned Trial Court has correctly appreciated the material, which has come on record, and the judgment of acquittal, rendered by the learned Trail Court, is the result of appreciating the facts and law to their right and true perspective. He has argued that the judgment of acquittal needs no interference, so the appeal be dismissed. 6. On the other hand, the learned counsel for the appellants (in criminal appeal No. 151 of 2012) has argued that the learned Trial Court did not appreciate the material, which has come on record, properly and the judgment of acquittal is the result of wrong appreciation of evidence. He has further argued that the learned Trial Court erroneously dealt with the available material and based the impugned judgment on surmises and conjectures. He has argued that after re-appreciating the entire material, the judgment of acquittal, rendered by the learned Trial Court, be set aside, the appeal be allowed and the accused persons be convicted for the offences they are charged with. 7. In rebuttal, the learned Additional Advocate General controverted the contentions raised by the learned Senior Counsel. He has reiterated his arguments and prayed that after re-appreciating the material, the impugned judgment be set aside and the accused persons be convicted. 8. In order to appreciate the rival contentions of the parties, we have gone through the record carefully. 9. 7. In rebuttal, the learned Additional Advocate General controverted the contentions raised by the learned Senior Counsel. He has reiterated his arguments and prayed that after re-appreciating the material, the impugned judgment be set aside and the accused persons be convicted. 8. In order to appreciate the rival contentions of the parties, we have gone through the record carefully. 9. The first and important limb of the prosecution case mainly hinges upon the testimonies of PWs 1 to 5 and on the medical evidence. The role of official prosecution witnesses is not of much significance, as they investigated the matter after the alleged occurrence. The investigation is second limb of the prosecution case and in order to prove the occurrence and involvement of the accused persons in the occurrence, the first limb is to be examined and only if the first limb is proved then there is relevance to examine the second limb of evidence, which is in the shape of official prosecution witnesses. Therefore, firstly, only the testimonies of key prosecution witnesses are being examined. 10. In the instant case medical evidence is very important, as, as per the prosecution story the accused persons inflicted injuries with sword and axe. Dr. Jiva Nand, the then Medical Officer Zonal Hospital, Mandi, was examined as PW-9. As per this witness, he conducted postmortem examined of the deceased. He found the following injuries on the person of the deceased: "Injuries on body 1. Roughly triangular incised looking lacerated wound on forehead in middle near hair margin of size 4x1 cm in length 1 cm wide at centre and both deep with tapering ends both side with lot of dry blood over and around the wound. 2. Choped lacerated wound on palm of right hand between thumb and index finger towards wrist of size 8 cm in length and 2 cm wide cutting underlying muscles and bonds into pieces with lot of dry blood over and around the wound. 3. Incised lacerated wound on dorsum of right hand cutting over clothes present on medial and with contusion of length 5 cm in a lateral aspect with dry blood over and around the wound. 4. Multiple superficial in lacerations on dorsum of both hands and fingers with dry blood over them which were also present on the right shin and left elbow posterior aspect. 5. 4. Multiple superficial in lacerations on dorsum of both hands and fingers with dry blood over them which were also present on the right shin and left elbow posterior aspect. 5. There was penetrating stab wound with clear cut margin with some superficial laceration nearly triangular lying obliquently on the right side of the chest over 7th and 8th rib along anterior auxiliary line 21 cm below anterior auxiliary fold and 17 cm from medistinal and at the level of xiphisternum of size 3 cm in length 1 cm wide at the centre with clear cut margin with dry blood over and around the wound causing cutting of 8th rib upper 3/4 near costochondral junction, then entering plural cavity right causing superficial laceration of anterior surface of lower lobe of right lung, then piercing the diaphragm causing penetrating laceration of right lobe of liver from anterior lateral surface to inferior-medial surface of right lobe upto near the gall bladder with lot of fluid blood in right plural cavity and whole pariteneal cavity. Cranium and Spiral Cord Scalp hair were soiled with blood and dust. There was triangular lacerated wound as already described. Skull bone was normal. Brain tissue and membrane were normal but pale white. One superficial laceration on medial and of left upper eye lib near eye brow 1x1 cm inside with fresh bleeding. Thorax There was cutting of 8th rib on upper 3/4 area near costochondral junction on right side. Otherwise normal wall. Right pleurae corned and contained about 800 to 100 cm of blood. Left pleurae normal pale while, empty. Mucosa of both larynx and trashes were pale white. Right lung showed superficial laceration on anterior and superior surface on right lobe of the lung with big contusion. Left lung was normal. Pale white. Pericardium was pale white. All the chambers of heart wee empty. Wall pale white. Coronaries were empty. Abdomen Walls pale white. Peritoneum of full of fluid blood about two litres of blood. Stomach wall pale white normal, stomach contained some undigested food rice and dal without any peculiar smell. Liver perforating injury in right lobe of liber from anterior superior surface to inferior medial side of right lobe causing laceration of liver tissue. Spleen and kidneys were pale white and normal. Peritoneum of full of fluid blood about two litres of blood. Stomach wall pale white normal, stomach contained some undigested food rice and dal without any peculiar smell. Liver perforating injury in right lobe of liber from anterior superior surface to inferior medial side of right lobe causing laceration of liver tissue. Spleen and kidneys were pale white and normal. Bladder empty." This witness has further opined that the deceased died due to combined effect of stab injury, hemorrhage, shock and other injuries to the body parts. 11. PW-10, Dr. Devinder Sharma, the then Medical Officer, CHC Ratti, medically examined Nazir Hussain (the deceased), Sarvar Hussain, Talib Hussain and Sadiq Mohammad. As per this witness, Nazir Hussain was unconscious, gasping, pupils B/C dilated, cold claming extremities. As per this witness the deceased was pulse-less and B.P. was unrecoverable and whole body was soiled with fresh blood. This witness also noticed injuries on the person of the deceased. He opined some of the injuries dangerous to life. He has further deposed that weapon used was sharp in nature. This witness also medically examined Talib Hussain and noticed injuries on his person. As per this witness, the injuries sustained by Talib Hussain were caused by sharp edged weapon. He referred the patient to Zonal Hospital, Mandi, for further treatment. He issued Medico Legal Certificate, Ex. PW-10/B, qua patient Talib Hussain. This witness also examined Sarvar Hussain and noticed injuries on her person. He referred the patient to Zonal Hospital, Mandi, for further treatment. He issued Medical Legal Certificate, Ex. PW-10/F, qua Sarvar Hussain. 12. PW-12, Dr. Rakesh Ranjan, the then Senior Resident Neuro Surgery, P.G.I., Chandigarh, deposed that under his supervision CT scan (computed tomography scan) was conducted. As per this witness there was a compound depressed fracture with pnauce phalous. He has further deposed that the injury was grievous in nature. He issued report, Ex. PW-12/C. 13. In the instant case, the statement of PW-1, Sadiq Mohammad is very important. This witness, in his examination-in-chief, tried to support the prosecution story, but he, in his cross examination, has deposed that he could not tell as to which accused was holding which type of weapon. He has deposed that there were more than one sword and axe. He feigned ignorance that on 29.10.2004 Kanungo came on the spot and demarcated the disputed land. He has deposed that there were more than one sword and axe. He feigned ignorance that on 29.10.2004 Kanungo came on the spot and demarcated the disputed land. He also feigned ignorance that pillars were fixed by Kanungo and statements of Ashraf Mohammad, Talib Mohammad and other villagers were recorded. He was not aware qua pendency of the civil litigation inter se the parties. Contrastingly, the deposition of PW-2, Stpal Kaur, is different from that of PW-1. PW-2 specifically deposed that on her complaint Kanungo conducted the demarcation. This witness, in her crossexamination, has deposed that three sons of Nazir Hussain (deceased), including the complainant were present on the spot. This witness was not declared hostile, so there is no reason to disbelieve her version. Now, if the testimonies of PW-1 and PW-2 are analyzed in juxtaposition, the deposition of PW-1 can be said to be tainted with discrepancies and condictions, as he tried to conceal the material facts and made a false statement before the Court. Thus, the statement of PW-1 is not believable. 14. PW-3, Mansab Ali, deposed that on 23.10.2004 police registered a case against Ashraf and others for obstructing the road. As per this witness, on 29.10.2004 the spot was demarcated and stones were affixed. This witness, in his cross-examination, has deposed that poles were affixed on 29.10.2004 by them on their land, but he was not aware by whom, they were affixed. He has further deposed that they uprooted the poles as Kanungo told them that the poles could not be affixed as there is status quo order of the Court. As per this witness, Kanungo told that demarcation was cancelled owing to status quo order. 15. The testimonies of PW-4, Talib Hussain, and PW-5, Sarvar Hussain (injured persons) are very important. As per PW-4, poles were affixed on 29.10.2004, but when they came to know about the status quo order, they along with a copy of the order went to Kanungo, who, advised them to remove the pillars. He has further deposed that on 31.10.2004 pillars were removed. He has deposed, in his cross examination, that on 30.10.2004 he showed the copy of order to Kanungo, who told them that demarcation is cancelled. PW-5, Sarvar Hussain, also corroborated the version of PW-4 qua status quo order and uprooting the pillars. He has further deposed that on 31.10.2004 pillars were removed. He has deposed, in his cross examination, that on 30.10.2004 he showed the copy of order to Kanungo, who told them that demarcation is cancelled. PW-5, Sarvar Hussain, also corroborated the version of PW-4 qua status quo order and uprooting the pillars. This witness, in his cross-examination, has deposed that Talib Hussain told him that demarcation was cancelled by Kanungo and thereafter he went to uproot the poles. 16. In the wake of what has been deposed by key prosecution witnesses it is discernible that they tried to portray that the incident took place when the complainant tried to remove the poles. It can be said that the edifice of the prosecution case stands on weak pillars, which are in the shape of testimonies of PW-1, Sadiq Mohammad, whose testimony has been contradicted by PW-2, Satpal Kaur, and PWs 4 and 5. The combined reading of the testimonies of PWs-4 and 5 show that the poles were uprooted as the demarcation was cancelled, but their versions have been eclipsed by the statement of PW-11, Balkrishan, Patwari. PW-11 has specifically deposed, in his cross examination, that on 02.09.2006 he conducted the demarcation and Kanungo did not cancel it. He has further deposed that both the parties admitted the demarcation to be correct. 17. In the wake of what has emerged after discussing the testimonies of key prosecution witnesses, it would be apt to adumbrate the stand taken by the accused persons in their statements recorded under Section 313 Cr.P.C., 1973 which has also been taken note of by the learned Trial Court and the same is as under: "Accused Shabana stated that she was on maternity leave. Accused Rozina admitted that demarcation was conducted on 29.10.2004 after which poles were affixed. Accused Sabina stated that she was an athlete. She used to go to attend practice at 6:30 am and used to return at 8:30 am. She came to know about the incident when she returned. Her parents were arrested after 18 days and she was implicated after two years. Accused Shabnam Bibi and Dil Khursheed stated that they were at home and were not aware of the incident. Accused Shamshed Begum stated that her father had given two rooms to her. She came to know about the incident when she returned. Her parents were arrested after 18 days and she was implicated after two years. Accused Shabnam Bibi and Dil Khursheed stated that they were at home and were not aware of the incident. Accused Shamshed Begum stated that her father had given two rooms to her. Talib Hussain, Nazir Husain, Sarwar Hussain-three sons of Nazir Hussain came and they stated uprooting pole on 1-11-2004 at 7 am. Her father objected. Accused picked up a quarrel. She went to her old house and told the incident to Parvej, Shabana and Rojina. When she reached at spot, scuffle was taking place. Both parties had suffered injuries. Sword and axes were with the complainant party. They took them away. Accused Rehmat Ali stated that he was on duty w.e.f. 1-11-2004 till 18-11-2004. Accused Ashraf Mohammad stated that complainant party started uprooting boundary mark and when he stopped them, complainant party attacked him and Anwar Hussain with sword and axe. Accused suffered injuries. Shamshed Begum went to home and called Parvej and Shabana. When they reached at the spot, incident was over." 18. It is also gainful to discuss the testimony of DW-1, Dr. Devinder Sharma, who has been examined in defence by the accused persons. This witness conducted the medical examination of Ashraf Mohammad, Anwar Hussain, Mohammad Parvej, Rozina Bibi, Shamshad Begum and Shabana Hansi. As per this witness Shabana, Rozina, Parvej Mohammad and Anwar Hussain and Shamshad Begum had suffered injuries. He has further deposed that the injuries sustained by Ashraf Mohammad were grievous in nature and could be caused by sharp edged weapon, like sword. He, in his crossexamination, has admitted that such injuries could have been caused in a melee of groups. 19. Now, in view of the statement of DW-1, it can be more than safe to hold that accused persons also sustained injuries and nothing has come on record that how the accused persons sustained injuries. The cumulative reading of the testimonies of key prosecution witnesses as also the stand taken by the accused persons in their statements recorded under Section 313 Cr.P.C., 1973 coupled with the fact that accused persons also sustained injuries and the prosecution has failed to bring on record the material, which could prove how the accused persons sustained injuries, are some of the strong circumstances which cannot be overlooked. 20. 20. In view of what has emerged after exhaustively discussing the material on record, following judicial pronouncements are apposite and need to be applied to the facts of the present case: 1. State of Karnataka vs. Shrisail Sateeppa Karkalamethi and another, AIR 1994 Supreme Court 1244 ; & 2. Dhanna vs. State of M.P., (1996) 10 SCC 79 . 21. The Hon''ble Supreme Court in State of Karnataka vs. Shrisail Sateeppa Karkalamethi and another, AIR 1994 Supreme Court 1244, took into consideration the fact that so many accused happened to receive so many injuries and the prosecution failed to provide any plausible and acceptable explanation how the accused persons received those injuries. The relevant para of the judgment is as under: "3. The prosecution relief on four eye-witnesses. It may be mentioned here that A4 also gave a report in which a prosecution witness figured as accused. Four of the accused injured during the same incident. The doctor who examined A-4 found five injuries on him including incised wound and injury No. 3 was grievous. On A-2 and incised wound and another injury was found. On A-7 there was a lacerated wound on right mandibular region and two other injuries on other parts of the body. A separate case was registered on the complaint given by A-4. However, for the purpose of the present case, it may be mentioned, that no plausible explanation has been put forward by the prosecution. Taking all that into consideration it could emerge that the place and time and presence of some of the witnesses and accused are not in dispute but regarding the origin of the occurrence the prosecution case is totally cryptic and there is no explanation as to how so many accused happened to receive so many injuries. Taking this aspect into consideration the High Court found it difficult to rely on the witnesses. There is any amount of doubt as to how the quarrel started and who started the attack. Because of this vagueness the evidence of the prosecution witnesses became unreliable. The reasons given by the High Court are quite sound. We see no ground to interfere. The criminal appeal is dismissed." The judgment (supra) is fully applicable to the facts of the present case. Because of this vagueness the evidence of the prosecution witnesses became unreliable. The reasons given by the High Court are quite sound. We see no ground to interfere. The criminal appeal is dismissed." The judgment (supra) is fully applicable to the facts of the present case. In the case in hand, what to talk of plausible and acceptable explanation qua the accused persons'' sustaining injuries, there is not even an iota of evidence which could even remotely prove and establish how the accused persons sustained injuries. Thus, not explaining how the accused persons sustained injuries proves fatal to the prosecution case. 22. In another case titled Dhanna vs. State of M.P., (1996) 10 SCC 79 , the Hon''ble Supreme Court has held that in an appeal against acquittal, the appellate court has to proceed more cautiously and unless there is absolute assurance of the guilt of the accused on the basis of the evidence on record, the order of acquittal is not liable to be interfered with. The apposite para of the judgment (supra) is extracted hereunder for ready reference: "11.. Though the Code does not make any distinction between an appeal from acquittal and an appeal from conviction so far as powers of the appellate Court are concerned, certain unwritten rules of adjudication have consistently been followed by Judges while dealing with appeals against acquittal. No doubt, the High Court has full power to review the evidence and to arrive at its own independent conclusion whether the appeal is against conviction or acquittal. But while dealing with an appeal against acquittal the appellate Court has to bear in mind : first, that there is a general presumption in favour of the innocence of the person accused in criminal cases and that presumption is only strengthened by the acquittal. The second is, every accused is entitled to the benefit of reasonable doubt regarding his guilt and when the trial Court acquitted him, he would retain that benefit in the appellate Court also. Thus, appellate Court in appeals against acquittals has to proceed more cautiously and only if there is absolute assurance of the guilt of the accused, upon the evidence on record, that the order of acquittal is liable to be interfered with or disturbed." The judgment (supra) is fully applicable to the facts of the present case. Thus, appellate Court in appeals against acquittals has to proceed more cautiously and only if there is absolute assurance of the guilt of the accused, upon the evidence on record, that the order of acquittal is liable to be interfered with or disturbed." The judgment (supra) is fully applicable to the facts of the present case. Indeed, in cases of acquittal the appellate court has to examine the material cautiously and the reversal findings are to be recorded only if the material on record unerringly and conclusively proves the guilt of the accused. However, in the case in hand, the learned Trial Court acquitted the accused persons after examining the material on record and we, after reappreciating the evidence, find that the prosecution case is full of contradictions and discrepancies. Thus, after exhaustively scrutinising the evidence and applying the law it is more than safe to hold that the learned Trial Court has rightly acquitted the accused persons. 23. After exhaustively discussing the testimonies of key prosecution witnesses, it is not unsafe to hold that prosecution witnesses have not given true version about the occurrence and, in fact, the testimonies of PWs-1 to 5 are not in consonance with each other. The testimonies of PWs-1 to 5 suffer from discrepancies and contradictions and they create a doubt about the veracity of the prosecution case. The Hon''ble Supreme Court in Arun vs. State, (2008) 15 SCC 501 , has held that if there are two reasonable views, then the view favouring the accused be adhered to. In the present case also there are two views and the available material on record compels us to tilt towards the view favouring the accused. 24. The Hon''ble Supreme Court in T. Subramanian vs. State of Tamil Nadu (2006) 1 SCC 401 , has held that where two views are reasonably possible from the very same evidence, prosecution cannot be said to have proved its case beyond reasonable doubt. 25. In Chandrappa vs. State of Karnataka, (2007) 4 SCC 415 , the Hon''ble Supreme Court has culled out the following principles qua powers of the appellate Courts while dealing with an appeal against an order of acquittal: "42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: 1. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: 1. An appellate court has full power to review, re appreciate and reconsider the evidence upon which the order of acquittal is founded. 2. The Code of Criminal Procedure, 1873 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law. 3. Various expressions, such as, ''substantial and compelling reasons'', ''good and sufficient grounds'', ''very strong circumstances'', ''distorted conclusions'', ''glaring mistakes'', etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of ''flourishes of language'' to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion. 4. An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial Court. 5. 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." 26. In view of the settled legal position, as aforesaid, and on the basis of material, which has come on record, it is more than safe to hold that the prosecution has failed to prove the guilt of the accused persons beyond reasonable doubts and the findings of acquittal, as recorded by the learned Trial Court, need no interference, as the same are the result of appreciating the facts and law correctly and to their true perspective. Accordingly, the appeals, which lack merits, deserve dismissal and are dismissed. 27. In view of the above, the appeals, so also pending application(s), if any, stand(s) disposed of.