SURENDRA PAL Vs. STATE OF UP

JUDGEMENT

(1.) This appeal by special leave is directed against the final judgment and order dated 2nd December, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4703 of 2004 whereby the Honble High Court dismissed the appeal preferred by the appellants and thereby maintaining the conviction of the appellants under Section 302 of the Indian Penal Code (for short Rs. IPC) with modification of sentence of death by substituting it to imprisonment for life. The conviction and sentences awarded by the learned Additional Sessions Judge, Fast Track Court No. 4, Meerut against the appellants for the offences punishable under Sections 147, 148, 307 read with 149, IPC have been confirmed. Hence this appeal.

(2.) The main question that arises for our consideration in the instant appeal is whether the courts below committed any serious error in convicting the appellants for the offence punishable under Section 302 Whether the courts below committed any error in convicting the appellants for the offences punishable under Sections 147, 148, 307 read with Section 149 Whether the findings concurrently recorded by the courts below to convict the appellants under the said provisions are so perverse and ex-facie unacceptable and therefore require our interference in this appeal preferred with leave granted under Article 136 of the Constitution of India

(3.) It is fairly well settled and needs no restatement that this Court should not embark upon a reappreciation of the evidence, when both the Sessions Court and the High Court have agreed in their appreciation of the evidence and arrived at concurrent findings of fact. This Court time and again held that it is always necessary to bear in mind the limited scope of the proceedings under Article 136 of the Constitution of India which cannot be converted into a third appeal on facts. Mere errors in appreciation of the evidence are not enough to attract this Courts Rs. invigilatory jurisdiction. It is settled law that this Court may interfere in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice.