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asked 2018-12-08 06:00:34 -0600

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The appellant's father one Jaffar Ali leased out an acre of paddy growing land to the deceased. The prosecution alleged that while the deceased was harvesting the crop, the appellant and his brothers went to the field armed with a gun. There had Been some exchange of words between the appellant and the deceased as regards the share of the produce as agreed to between the deceased and the appellant's father. The appellant was alleged to have fired.

at the deceased killing him on the spot.

Accepting the appellant's version contained in a report stated to have been lodged by him at the police station ten minutes before the First Information Report was lodged, the Sessions Judge acquitted the appellant. The report stated that on the day of the occurrence the deceased was stealing paddy bags from the appellant's field and on seeing him (the appellant) the deceased fired from a revolver which hit the appellant on the right thigh and that finding that the deceased was determined to kill him the appellant fired two or three rounds with his gun which hit the deceased.

On appeal by the State, the High Court set aside the acquittal of the appellant and convicted and sentenced him to imprisonment for life.

On Further appeal to this Court under s. 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 it was contended on behalf of the appellant that the High Court had acted with material irregularity in ignoring the guidelines laid down by this Court for interfering 'with the judgment and order of acquittal and convicting the appellant without referring to the conclusions correctly arrived at by the Sessions Judge and secondly the appellant was fully justified in opening fire in exercise of the right of private defence.

Dismissing the appeal, ^

HELD: 1 (a) The High Court was fully justified in reversing the order of acquittal of the appellant which was erroneously made by the Sessions Judge on the basis of surmises, and conjectures and in convicting him specially 395 when the prosecution story that the appellant fired at the deceased without any justifiable provocation was established to the hilt by the evidence of a number of prosecution witnesses who even according to the Sessions Judge gave a true account of the occurrence. [404D] (b) The legal position emerging from a long line of decisions starting with Sheo Swarup v. king Emperor. 61 I.A.

398 is:

"The High Court in an appeal against an order of acquittal under s. 417 of the Code of Criminal Procedure, 1898 has full power to review at large, the evidence on which the order of acquittal was founded and to reach the conclusion that upon the evidence, the order of acquittal should be reversed." [403B-D]

2. The different pharaseology used in the judgments of this Court such as (a) substantial and compelling reasons

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