SABDUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appeal has been preferred under Sec. 372 of the Cr.PC against the judgment and order dtd. 31/8/2017 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 30 of 2013 acquitting the accused persons of the offence under Sec. 341/302/325/34 IPC.

(2.) Before going to the aspect of adjudicating an appeal against an order of acquittal, it is required to keep in mind the principles which are to be followed in such adjudication process. The principles are judicially evolved in a catena of judgments and one of the landmark case was rendered by the Hon'ble Privy Council in the case of Sheo Swarup Vs. King-Emperor reported in AIR 1934 PC 227, wherein the following principles were laid down:

(3.) The aforesaid principles have been followed and reiterated in a catena of judgments by the Hon'ble Supreme Court including the case of Ghurey Lal Vs. State of Uttar Pradesh reported in (2008) 10 SCC 450, the relevant observations being extracted herein below: