ORDER

1. With the assistance of the learned counsel, we have perused the record as well as the judgments of the Trial court and the High Court.

2. The appeals by the State and by the complainant against the acquittal by the High Court of two of the accused Harpreet Singh and Chamkaur Singh must be considered in the light of the settled position.

3. In Harbeer Singh vs. Sheeshpal , (2016) 16 SCC 418 this Court while reiterating the settled position has observed thus:

" 9. In H. P. Admn. v. Om Prakash , (1972) 1 SCC 249 it was held by this Court:

"4. In appeals against acquittal by special leave under Article 136, this Court has undoubted power to interfere with the findings of fact, no distinction being made between judgments of acquittal and conviction, though in the case of acquittals it will not ordinarily interfere with the appreciation of evidence or on findings of fact unless the High Court "acts perversely or otherwise improperly."

10. The above principle has been reiterated by this Court in a number of judicial decisions and the position of law that emerges from a comprehensive survey of these cases is that in an appeal under Article 136 of the Constitution of India, this Co