JUDGMENT

CHANDRACHUD, J.:— The appellants were tried by the learned Sessions Judge Ramanathpuram, at Madurai, under Section 302 read with Section 34 of the Penal Code on the charge that on February 7, 1969 they committed the murder of one Andar Chettiar in furtherance of their common intention. The learned Judge by his judgment of December 2, 1969 acquitted the appellants on the view that the prosecution had failed to prove the charge beyond a reasonable doubt. In appeal the High Court of Madras set aside the order of acquittal, convicted the appellants and sentenced them to imprisonment for life under Section 302 read with Section 34. This appeal by special leave is directed against that judgment.

2. The village of Pannaiyur where Andar Chettiar was murdered is ridden by factions. The Chettiars and Thevars have been fighting civil and criminal litigations for several years concerning rights regarding the Arianatchiamman temple. The case of the prosecution is that the appellants, who are Thevars, were aggrieved that the deceased Andar Chettiar used to help the Chettiars in their litigations against the Thevars and therefore the appellants committed the murder of Andar Chettiar at about 1 a.m. on February 7, 1969.

3. Late on the night of February 6, 1969 the deceased went to his field for watching the crop along with Alagiri Chettiar who is an important witness in the case. They went round their fields and then sat near the well of one Ramaswami Chettiar. It was then past midnight. It is alleged that the appellants rushed to the spot and killed Andar Chettiar. Appellants 1 and 3 are alleged to have been armed with spears, Appellant 2 with a sickle and Appellant 4 with a stick.

4. Alagiri Chettiar, being in the company of the deceased, had a close view of the incident and he ran a distance of about a furlong and a half to break the news to Ramiah Chettiar and Venkatraman Chettiar. All the three of them then went to the scene of occurrence where they found Andar Chettiar lying dead, with his left hand severed at the wrist joint.

5. On hearing the cries of Alagiri Chettiar, the village watchman went to the scene of offence and saw the dead body. He went back to the village and brought the village Munsif to the scene of occurrence. It is alleged that immediately thereafter Alagiri Chettiar lodged the First Information Report (Ex P/1) with the village Munsif.

6. Admittedly, there was a fair amount of moonlight at the time of occurrence. Two adjoining field-owners. Mahalingam Chettiar and Veerabadran Chettiarm, who had gone to their fields for watching the crop are alleged to have seen the appellants near the scene of occurrence roundabout the time of the offence.

7. The village Munsif prepared reports in the printed from and despatched them to the police and the Magistrate. The Sub-Inspector of Police, Tiruchuli, went to the scene of offence along with an Inspector of Police. The inquest was held on the morning of the 7th and the autopsy was performed later the same day. The evidence of Dr. Malayappan shows that the deceased had received 9 incised injuries and 3 lacerated injuries on vital parts of his body. The left hand was cut near the wrist.

8. The appellants were arrested on February 11, 1969. The weapons of offence are alleged to have been discovered in pursuance of 982 statements made by them. It is further alleged that blood-stained clothes were seized at their instance. The report (Ex. P/19) of the Serologist shows that there was human blood on some of the weapons and clothes so discovered.

9. The High Court was dealing with an appeal against an order of acquittal passed by the Sessions Court. It has in its judgment referred to a large number of decisions of this Court which have taken the view that though the powers of the High Court in an appeal against acquittal are as wide as its powers in an appeal against an order of conviction, where two views of the evidence are reasonably possible the High Court should not substitute its o