LAW FOR ALL

Sections 147, 148, 324, 307, 302 read with Section 149 of the IPC - powers of appellant court --- not to disturb acquittal due to possibility of other view - Trial court acquitted the accused - High court reversed the judgement and convicted - Apex court held that Finally, we must note that the High Court has not stated why it felt that the trial court’s view was perverse. It has not stated what were the compelling reasons, which persuaded it to disturb the order of acquittal. As noted by this Court in several decisions if two reasonable views are possible, the appellate court shall not disturb the order of acquittal because it feels that some other view is possible. The reasonable view which reinforces the presumption of innocence of the accused must be preferred. In our opinion the trial court’s view was not perverse. It was taken after thorough marshalling of evidence. It was a reasonably possible view. The High Court erred in disturbing it. In the circumstances, the appeals are allowed. = Nallabothu Ramulu @ Seetharamaiah & Ors. … Appellants Vs. State of Andhra Pradesh … Respondents= 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41440