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ACT: Penal Code--Ss. 302, 325, 323--Constitution of India--Art. 136--High Court setting aside acquittal--Appeal by special leave--If Supreme Court could reappreciate evidence. HEADNOTE: The appellants who were charged with the offence of murder were acquitted by the Additional Sessions Judge but the order of acquittal was set aside in appeal by the High Court. The High Court convicted them under various sections of the Penal Code and sentenced them to life imprisonment for the offence of murder and to shorter terms for the other offences. The prosecution case was that when the deceased, along with three other persons, was returning from temple, he was attacked at about 4 P. M. on the day of the occurrence by the appellants. The deceased , who was mortally injured, was carried in a bullock cart to a nearby police station. On the way he succumbed to his injuries. The first information report was lodged in the police station at 12.30 that night. Allowing the appeal to this Court, HELD : This Court in an appeal under Art. 136 will examine the evidence only if the High Court while setting aside the order of acquittal by the trial court has failed to apply correctly the principles governing appeals against acquittals. In Sheo Swarup & Ors v. The King Emperor, 61 I.A. 398, Surajpal Singh v. The state [1952] S.C.R.193 and Sanwat Singh v. State Of Rajasthan [1961] 3 S.C.R. 120, the principles governing appeals against acquittal are firmly established. The Code of Criminal Procedure made no distinction between the powers of the appellate court in regard to the two categories of appeals and, therefore, the High Court has powers as full and wide in appeals against acquittal as in appeals against conviction. Whether the High Court is dealing with one class of appeals of criminal jurisprudence that unless the, statute provides to the contrary there is a presumption of innocence in favour of the accused and secondly that the accused is entitled to the benefit of reasonable doubt. Due regard to the views of the trial court as to the credibility of witnesses in matters resting on pure appreciation of evidence and the studied slowness of the appellate court in disturbing a…

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