LexROOP SINGH AND OTHERS versus TIIE STATE OF PUNJAB
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528 ROOP SINGH AND OTHERS t. TIIE STATE OF PUNJAB August 28, 1973 [H. R. KHANNA AND A. ALAGIRISWAMI, JJ.] Code of Criminal Procedure 1898, s. 411-Reversal by High C.ourlof verdict o/ acquittal passed by trial court-Principles to be ob~crved by High Court. The appellants were tried for murder and causing grievous hurt. They were acquitted by the Trial Court. The High Court however, relying on two of the witnesses produced by the prosecution, convicted them. In appeal by special leave to this Court it was contended that in reversing the verdi'ct of acquittal the High Court had acted outside its jurisdiction under -;. 417 Criminal Procedure Code and had not observed the principles laid down by this Court. Dismissing the appeal, A B c HELD : It is well settled that the High Court in appeal under s. 417 of the Code of Criminal Procedure has full power to review at large the evidence upon which the order of acquittal was founded and to reach the conclusion that upon the evidence the order of acquittal should be reversed. No limitation should be pJ"ce<l on that power unless it be found expressly stated in the Code, but in exercising the power conferred by the Code and before reaching its conclusion upon fact the High Court should give proper weight and consideration to such D· matters as (l) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption cer. tainly not weakened by the fact that he has been acquitttd at his trial; (3) the right of the accused to the benefit of any doubt; and ( 4) the .slowness of an appellate court in disturbing) a finding of fact arrived at by a ju,dge who had the advantage of seeing the witness. r534E1 Bishan Singh & Or« v. The State of Puniab, Cr. App. No. 125/1972 decided on August 9, 1973, referred to E , The Judgment of the High Court in the present case did not any way run counter ta the above principles and called for no interference. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 189 of 1971. Appeal by special leave from the Judgment and Order dated February 26, 1971, of the Punjab and Haryana High Court at Chandi- garh in Criminal Appeal No. 96 of 1968. Nuruddin Ahmed and U. P. Singh, for the appellants. O. P. Sharma, for the respondent. The Judgment of the Court was delivered by KHANNA, J. This is an appeal by special leave by Roop Singh (30), Paranjan Singh (42), Nirbhai Singh (22), Maghar Singh (56), Tara Singh (30) and Naib Singh (25) against the judgment of the Punjab & Haryana High Court. The six appellants were tried along with Major Singh (14), Inder Singh (50) and Teja Singh (42) in the court of the Additional Sessions Judge Barna!a on various charges in connection with an occurrence which resulted in the death of three persons, Mastan Singh (55), Amar Singh (55) and Mohinder Singh (26) and injuries to Bachan Singh (PW 9)· Learned Additional Sessions Judge acquitted all the nine accused. On appeal by the State f G H ,. A B c D • E F G H ROOP SINGH V, PUNJAB (KHANNA, J.) 529 of Punjab, the High Court convicted the six accused appellants un~er section 302 read with section 149 and section 326 read with section 149 Indian Penal Code and sentenced each of them to undergo im- prisonment for life on the first count and rigorous imprisonment for a period of three years on the second count. Both the sentences were ordered to run concurrently. The State appeal against the acquittal of Major Singh, Inder Singh and Teja Singh was dismissed. The case for the prosecution is that there was a long standing enmity between the party of the accused and that of the three deceased persons. In 1964 Kaka Singh, brother of Roop Singh accused, and Nagender Singh, father of Major Singh accused and brother of Jnder Singh accused, \Vere murdered. Twelve persons, included Atma Singh Sarpanch PW, Bachan Singh PW and Mohinder Singh deceased were prosecuted in the case relating to the murder of Kaka Singh and Nagender Singh. Four accused in that case, including Atma Singh, Bachan and Mohinder Singh were adquitted, while !he remaining accused were convicted an? sentenced to undergo imprison- ment for life. Another cause of strained relations between the parties was that Hazura Singh, fatker of Paranjan Singh accused, had been murdered amout 12 or 13 years ago. Nek Singh, Bachhattar Singh an<l Bikar Singh, sons of Amar Sin
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