TULSI RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the case of co-accused Antar Singh, this court by its judgment dated 14/09/1978 reversed the judgment of the High court whereby the High court has set aside the acquittal of the present appellant also. This court has expressed the view that the High court should not have on a reappraisal of the evidence interfered with the order of the acquittal merely because the high court was inclined to come to a different conclusion on the evidence. For the reasons stated in the judgment of this court in Antar Singh v. State of m. P. , this appeal must succeed and it is accordingly allowed. The conviction of the appellant under S. 395 of the Indian Penal Code, 1860 is set aside and he is acquitted of the charges framed against him. The appellant, who is on bail, need not surrender to the bail bond which shall stand cancelled.