STATE OF U P Vs. GARIBUDDI @ GARIBUDDIN

JUDGEMENT

(1.) This appeal by way of special leave has been filed by the State of U.P. impugning the judgment of acquittal rendered by the High Court reversing the judgment of conviction of the Additional Sessions Judge, Allahabad dated 30th November, 1981, whereby the three accused respondents had been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. It is by now well-settled that interference by this Court in an order of acquittal should be minimal and only in the circumstance that the judgment of the High Court was completely perverse and did not arise out of the evidence.

(2.) We have perused the judgment of the High Court very carefully. Several reasons have been given by the High Court for its decision. They are:

(3.) We are, therefore, of the opinion that the High Court's opinion that the accused were entitled to the benefit of doubt cannot be faulted in the circumstances. We, accordingly, dismiss the appeal.