MAHAVIR PRASAD Vs. STATE & ORS

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 27.04.2012 wherein the respondents Ravi Kant, Shyam Lal and Sandeep Kumar stood acquitted of the charges which had been framed against them under Section 308/34 of the IPC.

(2.) Before adverting to the factual matrix of the case, it would be relevant to note the proposition of law on this subject. The order of acquittal cannot be easily interfered with. It is only if there is grave perversity or infirmity which is glaring on the face of the record that the order of acquittal can be interfered. A presumption of innocence cannot be disturbed unless some cogent evidence is forthcoming.

(3.) In this context, the observations of the Apex Court in Jaswant Singh v. State of Haryana, 2000 4 SCC 484 are relevant and read herein as under:-