AIROnline 2024 SC 254

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

(A) Criminal P.C. (2 of 1974) , S.378— Appeal against acquittal - Scope of interference by the High Court - Judgment of acquittal can be reversed only in case of patent perversity, misreading of material evidence, or guilt of accused being only possible view - Appellate Court must record pertinent findings on said factors if it is inclined to reverse the judgment of acquittal AIROnline 2023 SC 1288-FollowedCriminal Appeal No. 2215/2005 Dt.14.09.2009 (KAR)-Reversed (Para 39 40 41 42) (B) Penal Code (45 of 1860) , S.300, S.302— Evidence Act (1 of 1872) , S.3, S.118, S.45, S.27— Murder - Proof - Accused persons allegedly killed deceased by inflicting injuries with sharp weapons - Even though complainant, deceased and labourers were all going together and assailants were six in number, none other than deceased received a single injury in incident - There was a grave contradiction whether complainant submitted report in form of a written complaint or his oral statement was recorded by police officials at his home - FIR was post investigation document which did not inspire confidence - Evidence showed that no one had seen the incident and it was a case of blind murder which cam....