TARSEM SINGH Vs. RAM KARAN SINGH AND OTHERS

JUDGEMENT

(1.) This is an application under Section 378(4) of the Code of Criminal Procedure for special leave to appeal against the order dated 26.08.2011 by which the accused-respondents have been acquitted, inter-alia, of the charge under Section 302 of the Indian Penal Code. It may be mentioned, at this stage, that the learned trial Judge had convicted one of the accused, namely, Harjinder Singh @ Rajinder Singh while acquitting the accused-respondents. Aggrieved the complainant has filed this application for grant of special leave.

(2.) We have considered the judgment of the learned trial Court and also the evidence of PW1 and PW3 who according to the appellant were the eye witnesses and had proved the involvement of the accused-respondents sufficiently so as to warrant their conviction under Section 302 with the aid of Section 34 of the Indian Penal Code.

(3.) In an appeal against the acquittal the power of the Appellate Court, though akin to the power exercised while hearing an appeal against the conviction, is normally to be exercised in a slightly more circumscribed manner for if the reasons cited by the learned trial Court being possible reasons and not indicating any perversity, then the view of the learned trial Court should be allowed to remain on record even if the Appellate Court is to take another view on the evidence placed before it.