Judgment

FAZAL ALI, J.:- In this appeal under S. 2 (a) of the SC (Enlargement of Cri. Appellate Jurisdiction) Act, the trial Court acquitted the appellant of the charges under S. 302 but the State filed an appeal to the High Court and the High Court reversed the order of acquittal of the appellant and convicted the appellant under S. 302 I.P.C. and sentenced him to imprisonment for life. We have gone through the judgment of the High Court and the learned Sessions Judge and we find ourselves in complete agreement with the view taken by the High Court. The approach made by the Sessions Judge was manifestly wrong and absolutely perverse. The High Court has pointed out in its judgment that the Sessions Judge came to a clear finding that the witnesses examined in the case i.e. P.Ws. 1, 2, 3 and 4 were reliable and nothing was elicited from their cross-examination which may go to discredit their testimony. In spite of this clear finding the learned Sessions Judge appears to have disbelieved the witnesses mainly on the basis of surmises and conjectures and for reasons which are wholly untenable in law. In the circumstances, the High Court was fully justified in reversing the finding of the