IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.155 OF 2006

Ghurey Lal

… Appellant

Versus

State of U.P.

… Respondent

J U D G M E N T

Dalveer Bhandari, J.

1.

This appeal is directed against the judgment of the High

Court of Allahabad dated 11^th November, 2005 passed in

Criminal Appeal No. 365 of 1981.

2.

This is a murder case in which the trial court acquitted

the accused. The High Court reversed the trial court’s

decision, finding the accused guilty. In doing so, the appellate

court failed to give proper weight to the views of the trial court

as to credibility of witnesses, thereby ignoring the standards

by which the appellate courts consider appeals against

acquittals.

3.

We have endeavoured to set out the guidelines for the

appellate courts in dealing with appeals against acquittal. An

overriding theme emanates from the law on appeals against

acquittals. The appellate court is given wide powers to review

the evidence to come to its own conclusions. But this power

must be exercised with great care and caution. In order to

ensure that the innocents are not punished, the appellate

court should attach