STATE OF MAHARASHTRA Vs. AMARNATH SUKHADEO CHAUDHARY

JUDGEMENT

(1.) State of Maharashtra through C. B. I, is in appeals against the judgment of the High Court wherein the high Court thought it fit to pass an order of acquittal. Upon perusal of evidence on record it is noticed that the learned Special judge in his rather longish judgment dealt with the issues appropriately and passed an order of detention till the rising of the court together with fine. The High Court, however, as noticed above on the basis of the available evidence reversed the order and passed an order of acquittal and hence the appeal.

(2.) In our view, assessment of the evidence is not permissible while exercising jurisdiction under Article 136. On perusal of the record and upon hearing the submission made by learned Additional solicitor General appearing for the appellant and learned counsel for the respondents we feel it expedient to note that in the instant issue the judgment of the High Court ought not to be interfered with by this Court in exercise of the jurisdiction under Article 136 having regard to the nature of the offence as also the evidence on record. As a matter of fact the judgment of the High court cannot be faulted even otherwise also. The appeals, therefore, fail and are dismissed.