BAHAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Bahal Singh, the sole respondent in this appeal, was tried by the Sessions Judge of Hisar for an offence under Section 302 of the Indian Penal Code for the murder of one Ram Sarup, brother of Manphool, P.W. 2. The Trial Judge held that the prosecution was not able to establish the occurrence in the manner alleged by any reliable evidence; at any rate, the case against the respondent was not free from doubt. Accordingly, he acquitted the respondent. On appeal by the State of Haryana the High Court of Punjab and Haryana set aside the respondent's acquittal, convicted him under Section 302 of the Penal Code and imposed sentence of life imprisonment. This appeal has been preferred under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

(2.) The principles governing the scope of an appeal against acquittal and the High Court's power to interfere in it are well settled by several decision of this Court, to wit Khedu Mohton v. State of Bihar, (1970) 2 SCC 450 and Ram Jag v. State of Uttar Pradesh, AIR 1974 SC 606. In Khedu Mohton's case (supra) it has been pointed out by Hegde, J, in paragraph 3 at page 452 = (para 3 at pages 67-68 of AIR SC):

(3.) Chandrachud, J. speaking for the Court in Ram Jag's case (supra) has summarized the law on the point in the following terms: