PRALHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under Section 2 of the Supreme Court (Enlargement of Jurisdiction) Act is directed against the judgment of the Bombay High Court convicting the appellant under Section 302 Indian Penal Code to imprisonment for life after reversing he order of acquittal passed by the Sessions Judge.

(2.) The facts and circumstances of the case have been detailed in the judgments of the Courts below and need not be repeated here.

(3.) It appears that on July 31, 1974 at about 3 p. m. there was a scuffle between the appellant Pralhad and the deceased Ghanshyam in the course of which Pralhad is alleged to have caused stab injuries on the person of the deceased as a result of which he fell down and ultimately died. FIR was lodged by Tulsi Das a brother of the deceased. After the usual investigation, charge-sheet was submitted against the accused who were put up on trial before the Sessions Judge who, however, while finding that the case of homicide as made out by the prosecution was proved, held that the complicity of the appellant in the crime had not been established beyond reasonable doubt. Thereafter, the State filed appeal in the High Court. The High Court after a very careful consideration and close scrutiny of the evidence and circumstances referred to by the learned Sessions Judge found that the case against the appellant was proved to the hilt and that the judgment of the Sessions Judge was extremely perverse.