State Of Rajasthan vs Rameshwar Dayal & Anr

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1268 OF 2004

STATE OF RAJASTHAN .. APPELLANT(S)

vs.

RAMESHWAR DAYAL & ANR. .. RESPONDENT(S)

O R D E R

1. We have heard the learned counsel for the parties.

2. We find that the judgment of acquittal recorded by

the High Court is based on an appreciation of the evidence

and the positive finding is that the two eye witnesses

P.Ws. 1 and 3 were not present. For arriving at this

conclusion, the Court has minutely gone through the

evidence of these two eye witnesses and observed that the

statement of P.W. 2 - Sandeep Kumar in fact belied the

statements of P.Ws. 1 and 3.

3. We are of the opinion that as the High Court has

taken a view which was possible on the evidence, no

interference is called for in this appeal against acquittal.

4. Dr. Manish Singhvi, the learned Additional Advocate

Crl.A. No. 1268 of 2004 2

General for the State has, however, argued that the

discrepancies pointed out by the High Court were very

insignificant and could not lead to the conclusion that the

two eye witnesses were not telling the truth. We, however,

feel that the discrepancies pointed out by the High Court

are not insignificant and go to the very root of the

prosecution story.

5. We, accordingly, find that no interference is called

for in this appeal under Article 136 of the Constitution of

India. Dismissed.

.......................J. (HARJIT SINGH BEDI)

.......................J. (CHANDRAMAULI KR. PRASAD) New Delhi, October 06, 2010.