JUDGMENT:- This appeal is under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The appellant was tried for the murder of one Shankar. The prosecution story was that he had, following a scuffle with the deceased, stabbed the deceased with a knife, causing three injuries, resulting in his death. The plea taken up by the accused at the trial was one of private defence. The trial Court after a careful appraisal of the evidence of the eye-witnesses, P. W. 13, P. W. 15, and D. W. 1, accepted that plea and acquitted the appellant. On appeal by the State, the High Court has reversed the acquittal and convicted the appellant under S. 302, Penal Code.

2. We have carefully examined the material evidence on the record with the aid of the learned counsel on both sides and have also considered the arguments advanced by them. In our opinion, there was no cogent reason for reversing the acquittal. The evaluation made by the trial court of the evidence of the material witnesses on this point, did not suffer from any illegality, manifest error, or perversity. The evidence of D. W. 1 which was accepted by the trial Court, was not at all considered by the High Court. D. W. 1 was an