IMPORTANT POINTS
An order of acquittal should not be interfered in absence of manifest illegality and perversity in the trial court's findings and reasons resulting in grave miscarriage of justice.
An order of acquittal should not be interfered merely because two views are possible.
Evidence of chance witness can be relied if his presence is adequately explained.
Testimony containing contradictions cannot be relied upon for conviction.
Statements of witnesses given to police u/s 161 not confronted to them and marked as exhibits cannot be relied upon for conviction.

JUDGMENT

V. GOPALA GOWDA, J.

1. This criminal appeal is directed against the impugned judgment and order dated 09.06.2009 in Crl. Appeal No. 1898 of 2005 passed by the High Court of Kerala at Ernakulam whereby it has allowed the said criminal appeal filed by the respondent herein, by setting aside the order of acquittal passed by the Court of the Addl. Sessions Judge, Thodupuzha, in Sessions Case No.461 of 2001. The High Court convicted both the appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short `IPC') and has sentenced them to undergo imprisonment for life with a fine of Rs. 25,000/- each. In default of payment of fine they shall suffer rigorous imprisonment for two years each.

2. Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:

The case of the prosecution is that one young man named Jojo (since deceased), an auto rickshaw driver by profession, was in romantic relationship with a minor girl named Smitha (PW-2) daughter of the appellant no.1. The relationship between the two was vehemently opposed by the girl's family. The appellant no.1 completely ruled out the possibility of marriage between the two and allegedly extended threats to Jojo. After having found the strong opposition from the girl's family with regard to their marriage, Jojo and Smitha (PW-2) planned to elope on 19.07.2000 at about 11 pm. Accordingly, both started at about 11.45 pm from Mammattikkanam Kara. Both the appellants sensed their plan and with a view to foil the same, they followed and intercepted Jojo and Smitha (PW-2).

3. Thereafter, allegedly the appellant no.1 caught hold of the neck of Jojo and pushed him down into the paddy field which was filled with mud and water. He sat on his body and the appellant no.2 caught hold of his neck from back side and immersed his face in the muddy water again and again, thereby strangulated and killed him. Manoj (PW-1) residing a little away from the scene of occurrence informed the matter to one Ravi. Ravi, Secretary of the local Gram Panchayat in turn informed the matter to Idukki police Station, Rajakkad.

4. Soon after, the Sub-Inspector (PW-31) reached the place of occurrence and recorded the statement of PW-1. Thereafter, FIR No. 102 of 2000 was registered against three persons viz., appellant nos.1, 2 and one Thressiamma for offence punishable under Section 302 read with Section 34 of IPC.

5. However, Thressiamma was discharged by the learned Sessions Judge of all the charges against her. The trial court commenced the trial against both the appellants. During trial, the prosecution examined 32 witnesses to prove beyond reasonable doubt the guilt of both the appellants on the charges. The Trial Court after proper appreciation of evidence on record by its judgment and order dated 13.11.2003 acquitted both the appellants of all the charges levelled against them holding that the prosecution case against the appellants/accused persons is not free from reasonable doubt.

6. Aggrieved by the decision of the Trial Court the respondent-State approached the High Court of Kerala at Ernakulam by filing Criminal Appeal No. 1898 of 2005. The High Court by its judgment and order dated 09.06.2009 allowed the criminal appeal by setting aside the acquittal order passed by the Trial Court. The High Court has convicted both the appellants under Section 302 read with Section 34 of IPC and sentenced them to undergo imprisonment for life with a fine of Rs. 25,000/- each. Hence, this appeal.

7. Mr. M. Karpaga Vinayagam, the learned senior counsel on behalf of both the appellants contended that the High Court has erred in convicting both the appellants without adhering to the well settled proposition of law regarding appeal against acquittal that the order of acquittal shall not be generally interfered with by the appellate court in exercise of its jurisdiction because of the presumption of innocence of the accu