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FACTS OF THE CASE- Initially, six accused were tried for the offence registered as FIR No.298 on 26th April, 1998 at Police Station, City Palwal . Bishan Singh reported the matter to the police station whose statement came to be recorded on 25th April, 1998 at about 11.30 p.m., alleging that at about 6.30 p.m. a quarrel had taken place between two groups. He was member of one of the groups whereas Roop Chand was member of another group that had assaulted his brother Ved Prakash and nephew Anil Kumar. They had sustained injuries and were taken to Government Hospital, Palwal by Bishan Singh, Rati Chand (father of Anil Kumar) and Baljit Singh for treatment. At about 8.30 p.m., when they were standing at the gate of Government Hospital Palwal, his brother Mohar Pal arrived there on a motorcycle. He was told to bring money from a commission agent at Anaj Mandi, Palwal. When Mohar Pal was leaving towards Anaj Mandi, at a distance of about ten paces from the gate of the hospital, all the six accused persons came from the front side and stopped his motorcycle.
Soon thereafter, appellants Rohtas and Surender Singh both inflicted knife blows one after the other in the stomach of Mohar Pal. After completion of investigation, chargesheet was filed against six accused persons for offence punishable under Sections 148, 302 and 149 IPC. The trial commenced before the Additional Sessions Judge (I), Faridabad being Sessions Case No.40 of 1998. Both sides produced witnesses. According to the accused persons, they were falsely implicated. Further, it is their stand that Mohar Pal was injured in the previous incident which had taken place at 6.30 p.m. on the same evening. It is well established position in law that this Court, while entertaining an appeal by way of special leave under Article 136 of the Constitution of India, ordinarily, will not attempt to reappreciate the evidence on record unless the decision of the Trial Court or the High Court is shown to have committed a manifest error of law or procedure or the conclusion reached by the Courts below is, on the face of it, perverse. Merely because another view on the same evidence is possible, that cannot be the basis to interfere with the finding of fact recorded by the Courts below much less concurrent finding of facts.
CONCLUSION- Even the fact that the accused have been acquitted in the crosscases filed with regard to the first incident which took place at 6.30 p.m. on the same evening will not take the matter any further for the appellants. That was an independent incident whereas the finding of guilt recorded against the appellants is concerning the incident which had taken place at 8.30 p.m. near the Government Hospital, Palwal as proved by the prosecution witnesses. In fact, the incident at 8.30 p.m. was the counter blast of the fight which had taken place between two groups at 6.30 p.m. and the previous enmity between them. The fact that there is no evidence about the previous enmity and that no evidence is produced by the prosecution in that regard, in our view, cannot be the basis to reverse the concurrent view taken by two Courts below recording finding of guilt against the appellants for commission of offence to assault Mohar Pal near the Government Hospital, Palwal at around 8.30 p.m. on 25th April, 1998.
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