SHAM SUNDER Vs. PURAN

JUDGEMENT

(1.) The respondents Purati and Tara Chand along with Ved, Balwan, Dhapan, Jagdish and Lal Chand were tried before the Additional Sessions Judge, Sonepat, for the murder of one Partap Singh and causing injuries to others. The learned Judge by judgment dated 18-5-1972 convicted these respondents for offences under Section 302, I.P.C., and Sections 323, 325 read with S. 149, I.P.C. They were sentenced to undergo imprisonment for life and ordered to pay a sum of Rs. 500/- each under S. 302, I.P.C., R.I. for one year under Seetion 148, I.P.C., R.I. for one year under Section325 and R.I. for six months under Section 323, 1. P.C. The other accused were convicted for the minor offences and released on probation under Section 360/361, Cr.P.C. The respondents appealed against the conviction and sentence. The High Court by the impugned judgment dated 30-11-1982 disposed of the appeal thus:-

(2.) The High Court, exercising power under Section 386, Cr. P.C., in an appeal from a conviction may reverse the finding and sentence and acquit the accused or alter the finding maintaining the sentence or with or without altering the finding alter the nature or the extent or the nature and extent of the, sentence but not so as to enhance the same.

(3.) It is true that the High Court is entitled to reappraise the evidence in the case. It is also true that under Article 136, the Supreme Court does not ordinarily reappraise the evidence for itself for determining whether or not the High Court has come to a correct conclusion on facts but where the High Court has completely missed the real point requiring determination and has also on erroneous grounds discredited the evidence and has further failed to consider the fact that on account of long standing enmity between the parties, there is a tendency to involve innocent persons and to exaggerate and lead prejudged evidence in regard to the occurrence, the Supreme Court would be justified in going into the evidence for the purpose of satisfying itself that the grave injustice has not resulted in the case.