JUDGMENT

S.M. FAZAL ALI, J.:—This appeal by Special Leave is directed against a Division Bench judgment of the Allahabad High Court dated 10-10-73 setting aside the conviction and sentence imposed by the trial court on the respondents and acquitting them of the charges framed against them. The leading judgment was delivered by D. S. Mathur, J. with whom Mohd. Hamid Hussain, J. concurred. The details of the prosecution case are to be found in the judgment of the High Court and that of the trial court and is not necessary to repeat the same all over again. We have heard counsel for the parties and have also perused the judgment and have been taken through the entire evidence. A perusal for the judgment clearly shows that the High Court has not dealt with the intrinsic merits of the evidence of the eye-witnesses, particularly of PWs 1 & 5, at all but have brushed aside their evidence on surmises and conjectures and preponderance of improbabilities which, in fact, did not exit. With very great respect of the Honble Judge we are constrained to observe that the judgment of the High Court, particularly that of D. S. Mathur, J. who spoke for the court, is not only (not) in accordance with