Penal Code Ss. 302, 325, 323-Constitution of India-Art. 136-High Court setting aside acquittal-Appeal by special leave-If Supreme Court could reappreciate evidence.

The appellants who were charged with the offence of murder were acquitted by the Additional Sessions Judge but the order of acquittal was set aside in appeal by the High Court. The High Court convicted them under various sections Penal Code and sentenced them to life imprisonment for the offence of the of murder and to shorter terms for the other offences. The prosecution case was that when the deceased, along with three other persons, was returning from temple, he was attacked at about 4 P. M. on the day of the occurrence by the appellants. The deceased, who was mortally injured, was carried in a bullock cart to a nearby police station. On the way he succumbed to his injuries. The first information report was lodged in the police station at 12-30 that night.