Deciding Authority: The Supreme Court of India
Briefly, the facts of the case are:
PW15 M.N. Somashekharaih, then working as ASI in Kota Police Station, reached the Police Station at 6.55 a.m. and was informed by Head Constable-37 that PW7 Jagadamba, daughter of Shivarudraiah of Mavukere village had informed on telephone that persons of Nayaka community had smashed her father with stones and were attacking the police personnel. PW15 instructed that an ambulance be sent to Mavukere village and left along with some police personnel for Mavukere. According to PW15 when he reached the spot at about 7.15 a.m. he saw Shivarudraiah having received serious injuries on his head, hand and legs and was writhing in pain and shouting “Ayo Ayo”. He made arrangements to send said Shivarudraiah for medical attention to hospital at Tumkur. According to him, out of two constables, namely Jayaram and Rajanna, one had received injuries and PW15 made inquiries with them. His superior reached the spot at about 9.30 a.m. and therefore said PW15 left for the Police Station.
Shivarudraiah was admitted to Tumkur district hospital for treatment and while undergoing treatment, he died at 10.25 a.m. on 06.09.2000. Post Mortem was conducted by PW19 Dr. K.G. Shivamurthy on the dead body of Shivarudraiah at District hospital, Tumkur.
Judgment:
We have gone though the record carefully and considered the submissions. The testimony of PW15 reveals that a telephone call was received in the police station from PW7 Jagadamba about the incident of assault. Having reached the village by 7.15 a.m., it was logically expected of him to start making inquires about the crime and the identity of alleged assailants. Additionally, if out of two constables present in the village, one of them was injured, this by itself was one good source of information. According to the witness, he had spoken to those two constables and yet no steps were taken to register the crime. The witness further accepted that he had seen Shivarudraiah writhing in pain. In the circumstances, it would also be expected of him either to ask him or accompany him to the hospital, he being primary source of information. The conduct in the matter exhibited by PW15 is completely unexplainable. Similarly, it also does not stand to reason why PW1 Siddaramaiah did not approach the police when they were present in the village soon after the transaction and chose to make a written complaint scribed by PW11 and thereafter lodge it in the police station 10 kms. away. He himself later accepted that in the complaint, he had added two names by mistake. Secondly, the attribution to one of the accused having given blow by a sickle was also not mentioned in the complaint. The injuries found in the post mortem also do not support such assertion about injury by a sickle. In the circumstances, the assessment made by the High Court expressing serious doubts whether the PW1. Siddaramaiah was eye witness to the occurrence, in our opinion, is definitely a possible view. The presence of PW2 Savitha as well as PW13 Parwathamma is also doubtful for the reasons mentioned by the High Court. Having analyzed the facts on record, the reasons stated by the High Court while acquitting the respondent are quite possible from the evidence on record. While considering this appeal against acquittal, the view expressed by the High Court being a possible view, we do not see any reason to interfere in the matter. We, thus, affirm the judgment and order of acquittal passed by the High Court and dismiss the present appeal.