JUDGMENT

Banerjee, J.-It is trite to record that in the normal course of events the apex Court would not re-appreciate or effect a further scrutiny of the evidence on record. We, however, hasten to add here that this is not a rule steadfast or an inevitable practice - flexibility in the administration of justice stands out to be the hall-mark in our justice delivery system. The requirement of the situation stands out to be a basic tenet in the Indian jurisprudential system and the approach being justice oriented the interest of justice would prompt this Court to rise to the occasion and thus there being a rule steadfast of not appreciating the evidence would not arise - miscarriage of justice or perversity would prompt even the apex Court to go into the matter since technicality ought not to outweigh the course of justice.

2. The issue in the contextual facts falls for determination is whether in fact there has been such a miscarriage warranting intervention of this Court and as contended to alter the sentence of 302 read with Section 149 IPC to 304 Part II read with Section 149 IPC - the issue no doubt needs a detail scrutiny of evidence on record but the nature of injuries, the m