AIR 1993 SUPREME COURT 1899 ::1993 AIR SCW 1843 ::1993 CriAppR(SC) 107 ::1993 APLJ(Cri) 378 ::(1994) 1 MahLR 285 ::1993 (2) UJ (SC) 197 ::(1993) 2 CurCriR 100 ::(1993) AllCriC 524 ::1993 SCC(Cri) 875 ::1993 (3) RecCriR 319 ::(1993) 2 AllCriLR 14 ::(1993) 2 ChandCriC 255 ::1993 (3) SCC(Supp) 134 ::1993 SCC (Supp) 3 134 ::1993 (1) Crimes 1136 ::(1993) SC Cr R 575 ::(1993) 3 JT 633 (SC)

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): A. S. Anand, N. P. Singh , JJ

(A) Constitution of India , Art.136— Special leave appeal against concurrent findings - Scope for reappreciation of evidence. Though generally speaking the Supreme Court does not reappreciate the evidence in an appeal, on special leave being granted, under Art. 136 of the Constitution of India where two Courts have appreciated the evidence and recorded concurrent findings, but since the High Court has acquitted two out of six accused the Supreme Court could appreciate the material evidence in the case, with a view to determine whether the conviction and sentence recorded against the other accused persons is justified or not.(Para 2) (B) Penal Code (45 of 1860) , S.300— Evidence Act (1 of 1872) , S.3— Murder trial - Evidence - Appreciation of - Benefit of doubt - Out of six accused persons, two accused given benefit of doubt on certain ground by High Court - Same grounds also available so far as two more accused - No distinguishing feature so far as these two accused concerned - Participation of these accused in crime not established beyond reasonable doubt - These accused also held entitled to benefit of doubt. Judgment of Andhra Pradesh High Court, Partly Reversed. (Para 9) ....