STATE OF RAJASTHAN Vs. SEWA RAM & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties. The occurrence is alleged to have taken place in the year 1978. The learned trial Court after going through the entire record and appreciating the evidence produced by the prosecution came to this conclusion that the offence u/S. 307/149 & 148 Penal Code is not made out against the accused-respondents and, therefore, the learned trial Court acquitted the accused respondents. Under these circumstances the conviction is possible only when the evidence of the prosecution is believed by this Court and a different view is to be taken by this court but in view of the decisions in the cases reported in 1988 Supreme Court 2122, 1976 Supreme Court 1519 and 1988 Supreme Court 1158, interference in the judgment of acquittal is possible only when it is found that the judgment of the learned trial Court is perverse, erroneous and passed after misreading of evidence. The learned P.P. failed to point out that the judgment of the learned trial Court is either perverse or erroneous or is a case of misreading of evidence. This appeal is liable to be dismissed also on the ground that the incident is said to have taken place in the year 1978 so it would not be fair and just to interfere in the judgment of acquittal after a lapse of about 13 years.

(2.) Consequently, I find no force in this Appeal and the same is dismissed.