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1980 Supreme(SC) 28

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Dinanath Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

FAZAL ALI, J.:—This appeal under Section 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act is directed against a judgment of the Patna High Court convicting all the five appellants under Section 302/34 and sentencing them to imprisonment for life. The Sessions Judge acquitted all the accused of the charges framed against them. The State filed an appeal before the High Court is which the High Court reversed the order of acquittal passed by the Sessions Judge and convicted the appellants as indicated above. We have been taken through the judgment of the High Court, Sessions Judge and also the relevant evidence in the case. We are clearly of the opinion after perusing the evidence that this was not a fit case in which the High Court ought to have interfered with the order of acquittal passed by the Sessions Judge. It is now well settled by the long course of decisions of this Court that where the view taken by the trial court in acquitting the accused is reasonably possible, even if the High Court were to take a different view on the evidence, that is no ground for reversing the order of acquittal. In the instant case after going through the evidence we fee






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