Appeal-Against acquittal-Principles to be followed- "Substantial and compelling reason"--Meaning and scope of-Power of Court-Constitution of India, Art. 136. 

There were two rival factions in a certain village one consisting of Rajputs and the other of cultivators. On a particular festival day both the groups went to a temple for worship and cultivators who reached the temple first occupied a place therein which was usually occupied by Rajputs. Subsequently Rajputs arrived and resented the occupation of the silting place by the cultivators. They shifted to a short distance and after holding a brief conference came back to the temple and attacked the cultivators with guns, swords and lathis as a result of which several persons were injured and two were killed. 43 persons alleged to have taken part in the rioting were put up for trial before the Sessions Judge for having committed offences under s. 302 read with s. 149 and s.148 of the Indian Penal Code. The Sessions Judge held that a common object on the part of the accused to kill the cultivators had not been established and that it had also not been proved beyond reasonable doubt that the accused were guilty of a particular offence. On these findings the Sessions Judge acquitted all the accused. On appeal the High Court after examining the entire evidence found some of the accused guilty of culpable homicide not amounting to murder under s. 304 read with s. 149 and s. 148 of the Indian Penal Code and sentenced them to various terms of imprisonment. The appeal in respect of some other accused was dismissed as no case had been made out against them beyond any reasonable doubt. On appeal by special leave against the conviction and sentence by the High Court,