The judgment underscores the high standard required to overturn an acquittal, emphasizing the need for clear and convincing grounds to interfere with a judgment of acquittal.

( 1 ) THIS is an appeal by the State against the Judgment and order of acquittal dated 25th April, 84 passed by the J. M. F. C. Davangere in Criminal Case No. 1386/82, acquitting the accused of the offences punishable under Sections 279, 337, 338 and 304a. P. C.

( 2 ) THE material facts are as under :

On 2-12-81 Mohan-P. W. 2, Ravikumar-P. W. 3, Ramu-P. W. 4, Babu-P. W. 5 and Deenadayal-P. W. 6 and the parents of Mohan-F. W. 2, and his elder brother and his sisters and other relatives left dandeli in a matador van MEZ 9472 at about midnight for the purpose of going to Virudhunagar where the marriage of P. W. 6 was to be performed on 7-12-81 The said van left Dandell at 12 midnight. The van reached Hubli at 2 a. m. on 3-12-81. They and the driver had tea in Hubli and again lelt for Davangere. They reached Davangere by about 5-30 or 6 a. m. They took diesel for the van at about 6 a. m. in Davangere. The said van leu Davangere at about 6 a. m. towards chitradurga. When the said matador van (hereinafter referred to as 'the van') was coming near hebbal village towards Chitradurga direction, a jeep bearing No. MYW 3134 ('jeep' for short) ariven by the accused came from the opposite direction at a great speed and by the wrong side of the road and hit against the was headlong. Three poisons namely Subramani, Natraj and choudamani died on the spot itself. P. Ws. 2 to 6 and others also sustained simple and grievous injuries. They were removed to the hospital at Davangere and Dr. S. Kanth started treating them. P. S. (sic)- (sic) (P. W. 10), ou receiving the information about this offence at about 7-10 a. m. on rushed to the Hospital ana saw 18 parsons being treated in the casualty ward. He also found that three persons had died. At about 8 a. m. or so, he recorded the complaint Ex. P22 of Mohan-P. W. 2 and came back to the police station at 8-15 a. m and registered a case in Crime No. 246/81 for the offences under Sections 279, 337, 338 and 304a. P. C. He held the inquest over the dead bodies or Subramani, Nataraj and Choudamani as per Exs. P26 to F28. While he was holding the inquest over the three dead Domes he also came to know that one Sheetal who was travelling in the said jeep and who also was injured, breathed her last. Hence, he held the inquest over the dead body of Sheetal also. He held the inquest over the said bodies from 9-30 a. m. to 3-30 p. m. Thereafter, he sent the tour dead bodies for post-mortem examination. He recorded the statements of various injured persons and other blood relatives of the injured and the deceased persons He also recorded the statements of P. W. 3- Ravi Kumar C. W. 24-Mohammad Ismail. He rushed to the scene of offence at 4 p. m. on 3-12-81 and collected the panchas and went to the scene of offence and drew up the scene of offence panchanama Ex. P. 23. He prepared the hand sketch Ex. P30. He seized the van and the jeep and he also collected the broken pieces of the glass of both the vehicles. He came back to the police station at about 6 p. m. On 4-12-81, he recorded the statements of C. W. 14-Ashok Pawar, C. W. 13-Ramu (PW4), CW. 7-Indra, C-W. 8manjunath, cw. 6-Rajamma, C. W. 18- Stanley and C. W. 19 Muniswamy. He also seized the clothes round on the dead bodies. He also requested the motor vehicles department to inspect the vehicles involved in the accident. On 5-12-1981 he recorded the statements of C. W. 12-Vikram Raju, C. W. 13-Ramu (P. W. 4), c. W. 15- Sunil, C. W. 6- Deenadayalu, P. W. 5- Babu and C. W. 16- Vivek. He handed over the van to the owner as per the order passed by the Court. On 6-12-81 he recorded the statements of charge-sheet witnesses Ravikumar-P. W. 3, Shashikala C. W. 5, Ganesh-C. W. 9, Suryakala -C. W. 10 and Chandrakala- CW. 11. Thereafter the investigation was taken over by C. P-1 and ultimately after completing the investigation into the case, a charge sheet for the offences under sections 279, 337, 338 and 304a. P. C. was laid against the accused - the dr