JAGRAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The conviction and sentence under sections 302/34, Indian Penal Code having been upheld in appeal by the High Court, the accused persons are before us. This Court ordinarily does not re-appreciate the evidence when two Courts of fact have appreciated the same and come to a proper conclusion. But in the case in hand the three eye-witnesses are PWs 1, 2 and 3 and the High Court, without any discussion of their evidence, merely accepts the same by indicating in one sentence that there is nothing on record on the basis of which it can be said that the three eye-witnesses are not telling the correct facts. This can hardly be held to be an appreciation of evidence by an Appellate Court. In that view of the matter, we think it appropriate to set aside the impugned judgment and remit the matter to the High Court for re-disposal of the criminal appeal in accordance with law. The matter being an old one, the high Court would do well in disposing it of at an early date. The appeal stands disposed of accordingly. Appeal allowed.