Himachal Pradesh High Court: Chander Bhusan Barowalia, J. dismissed a petition finding no merit in the appeal as when two reasonable conclusions are possible on the basis of the evidence, the appellate court should not disturb the finding of acquittal recorded by the trial Court.
In the present matter, the appellants alleged that they had found a person carrying a plastic can in his right hand. The person on seeing the police party got perplexed and on suspicion, he was arrested. During his personal search, he was found in conscious and exclusive possession of one plastic can, containing three bottles of illicit liquor. After separating one nip as a sample, both the nips as well as sample were sealed. The prosecution, in order to prove its case, examined as many as six witnesses. Statement of the accused was recorded under Section 313 CrPC, wherein he denied the prosecution case and claimed innocence. Additional Advocates General, Shiv Pal Manhas and P.K Bhatti with Raju Ram Rahi, Deputy Advocate General argued that the prosecution has proved the guilt of the accused beyond the shadow of reasonable doubt.
While H.K.S. Thakur, counsel for the respondent argued that the alleged quantity of three bottles of illicit liquor stated to be recovered from the respondent is a concocted story, as no independent witness was associated by the police. And even the Investigating Officer in his statement has specifically stated that he did not find it appropriate to associate any independent witness.
The Court after considering the facts and circumstances and the arguments advanced found that “when independent witnesses were available on spot the Investigating Officer should have associated them. However, the Investigating Officer simply stated that he does not find it proper to associate independent witnesses. The non joining of the independent prosecution witnesses when they were available, makes the prosecution case doubtful with respect to recovery of three bottles of illicit liquor”. The Court further relied on K. Prakashan v. P.K. Surenderan, (2008) 1 SCC 258 and T. Subramanian v. State of T.N., (2006) 1 SCC 401. Further, it took into consideration the principles culled out in Chandrappa v. State of Karnataka, (2007) 4 SCC 415 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” amongst other things.[State of Himachal Pradesh v. Joban Dass, 2019 SCC OnLine HP 646, decided on 21-05-2019]