ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal, by grant of special leave under Article 136 of Constitution of India, the short question that arises for consideration is if the High Court committed any error of law in exercise of its powers under Section 378 read with Section 386(l)(a) of the Cr. P.C. in allowing the appeal against acquittal and convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment.

(2.) Law is well settled. While caution is the watchword in appeal against acquittal as the trial Judge has occasion to watch demeanour of witnesses and interference should not be made merely because a different conclusion could have been arrived, the provision does not inhibit any restriction or limitation. Prudence demands restraint on mere probability or possibility but in perversity or misreading interference is imperative other wise existence of power shall be rendered meaningless.

(3.) Time and place of unnatural death, of Asha Rani, by burning, at her in laws' small house with at least six inmates, could not and was not disputed. Both the trial Judge and the High Court held that the prosecution succeeded in proving this. It was further found by them that she did not die of accident nor she committed suicide. Burning by kerosene stove or gas or even firewood may not be unusual due to synthetic wear which has become very common. But when post mortem report indicates, as was in this case, that smell of kerosene was coming from body and even burnt hairs smelt kerosene then it not only belied the statement of her sister-in-law (Nand) that she was burnt while making tea but it ruled out remotest possibility of accident. That is why the findings were not seriously challenged by the appellant.