Judgment

R. M. SAHAI, J. :- In this appeal by grant of special leave under Article 136 of the Constitution of India the question that arises for consideration is whether the Order of acquittal passed by the High Court of Punjab and Haryana is so palpably erroneous or perverse that it is liable to interference in the exercise of extraordinary jurisdiction by this Court.

2. In an unfortunate incident which took place at 11 P-M. on 16th December, 1976 on the G.T. Road just in front of Sat Kartar Cold Storage, Phagwara, two police officers of the Punjab Traffic Police appeared to have fallen out on the authority to check the truck on the G.T.Road resulting in death of one Assistant Sub - Inspector of Police and one constable and conviction of the respondent under Section 302, IPC who was Sub-Inspector of Police at the time of incident, but since the date of acquittal he has now become Deputy Superintendent of Police. There was no dispute about the time, date and place of incident. Nor there was any dispute that Assistant Sub - Inspector Gurnam Singh and constable Paramjit Singh died as a result of shooting from the service revolver by the Sub-Inspector Ajaib Singh. The dispute, mainly, w