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1979 Supreme(SC) 26

N.L.UNTWALIA, S.MURTAZA FAZAL ALI
Pal Singh – Appellant
Versus
State Of U. P. – Respondent


Judgment

FAZAL ALI, J.:- This appeal under the provisions of SC (Enlargement of Criminal Appellate Jurisdiction) Act, is directed against the Order of the High Court dated 10th December, 1971 by which the acquittal of ten accused before the Trial Court was reversed. All the appellants have been convicted under Section 302/149, I. P. C. and have been sentenced to imprisonment of life. Some of them have been convicted under Section 147, I. P. C. and some under Section 148, I. P. C. and were sentenced to one year and two years R. I. respectively. The judgment of the High Court gives a detailed narrative of the prosecution case and the circumstances leading to the death of the deceased. We have heard learned counsel for the parties and have gone through the evidence. The High Court after a very elaborate discussion of the evidence and circumstances of the case rightly pointed out that the judgment of the trial court was both perverse and based on a total misreading of the evidence. The High Court has displaced all the circumstances and the reasons given by the Sessions Judge which were based on speculations or material which was against the weight of the evidence on record. Arguments li





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