BHUBNESHWAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of Patna which allowed an appeal against the acquittal of the appellants and convicted them to life imprisonment for an offence under Section 302 read with Section 149 of the Indian Penal Code.

(2.) Nineteen persons were committed by the Munsif Magistrate of Banka, District Bhagalpur to take their trial before the Sessions Court of offences under Section 148 and Section 302 read with S. 149 of the Indian Penal Code. One of them, Jyotish Mandal was murdered before the Sessions trial. The other 18 were acquitted by the learned Sessions Judge of Bhagalpur. On an appeal by the State against this acquittal the four appellants were sentenced as above mentioned.

(3.) It appears to us that the learned Judges of the High Court have ignored very important points in the evidence in the case and allowed the appeal against acquittal and convicted the present appellants. It is not necessary to set out at great length the various decisions regarding the powers of the High Court in an appeal against acquittal. The classic statement is found in the decision of the Privy Council in Sheo Swarup v. King Emperor, AIR 1934 PC 227 (2) = (36 Cri LJ 786) to the following effect :