TMI Blog1978 (11) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... ctice, were taken by the mother of the deceased to her house at Krishna Kalva Cherlopalle is about 25 miles from Krishna Kalva. The accused used to visit his wife and often used to stay in the house of the deceased's mother. After about one and a half months the accused asked his mother-in-law and brother-in-law to send his wife to his place. They replied that she had only delivered a child recently and that she would be sent to her husband's house in the fifth month. On 18th Dec., 1972, according to the case of the prosecution the accused once again requested his mother-in-law to send his wife to his house. This time he also brought with him P. W. 8 an elderly gentleman from his village. His mother-in-law P.W.2 told him that she would send the girl in the fifth month as she had not yet regained her health after delivery. The accused and P.W. 8 went away. That evening the accused again came to the house of his mother-in-law. After dinner all of them went to sleep. The house consisted of only one room. The accused, the deceased, her brother P. W. 1, her mother P. W. 2 and her grand-mother P. W. 3 were all sleeping in the room. In the middle of the night P. Ws. 1, 2 and 3 wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is mother-in-law at about 10 p.m. on 18th Dec., 1972. P. Ws. 1 and 2 taunted him saying We are maintaining you and your wife, yet you come at any time you like . They insulted him. There was an altercation, P. W. 3 hit him with a stone near his left eye. P. W. 1 beat him with a stick two or three times. He felt giddy and was about to lose consciousness, P. W. 1 came upon him with a knife to stab him. the deceased intervened and interposed herself between P. W. 1 and the accused. She received a stab injury. Seeing his wife injured, he fell down unconcious. He regained consciousness next morning. 4. The learned Sessions Judge held that the prosecution had failed to establish any motive and that the evidence of the prosecution witnesses was 'discrepant, conflicting and improbable'. He thought that the prosecution, had made an attempt to improve its case which was originally based on circumstantial evidence to make it appear as if P. W. 3 had also seen the stabing. He commented on the failure of the Police to seize the mat on bedding on which the deceased was sleeping. He referred to the evidence of the doctor who stated that the injury found on the deceased could have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst to the scene on hearing their cries. The High Court was also right in holding that the medical evidence supported the prosecution version and not the defence version. Merely because the Medical Officer stated that the victim could have received the injury if she was standing, it did not follow that the injury could have been received in the circumstances mentioned by the accused. The injury was inflicted with great force and its direction was upward. The location of the injury was 6 cms. below the arm pit on the left side. According to the accused the deceased received the injury when she placed herself between P. W. 1 and himself. We do not think that an injury of the nature received by the deceased could have been caused in the manner suggested by the accused. The injury must have been caused in the manner suggested by the prosecution that is when the deceased was lying on her right side. It is true that the accused did not have any deep motive to kill the deceased. It is obvious that he must have been upset by the persistent refusal of the brother and mother of the deceased to send her with him to his house. He probably attributed the refusal to reluctance on the part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of this Court in Sanwat Singh v. State of Rajasthan, AIR 1961 Supreme Court 715. In Sanwat Singh's case, this Court harked back to the principles enunciated by the Privy Council in Sheo Swarup v. Emperor (61 Ind App 398) (2), and re-affirmed those principles. After Sanwat Singh v. State of Rajasthan, this Court has consistently recognised the right of the Appellate Court to review the entire evidence and to come to its own conclusions, bearing in mind the considerations mentioned by the Privy Council in Sheo Swarups case. Occasionally phrases like 'manifestly illegal', 'grossly unjust', have been used to describe the orders of acquittal which warrant interference. But, such expressions have been used more, as flourishes of language, to emphasise the reluctance of the Appellate Court to interfere with an order of acquittal than to curtail the power of the Appellate Court to review the entire evidence and to come to its own conclusion. In some cases (Ramabhupala Reddy v. The State of A. P. AIR 1971 Supreme Court 460; Bhim Singh Rup Singh v. State of Maharashtra, AIR 1974 Supreme Court 286 etc.), it has been said that to the principles laid down in Sanwat Singh&# ..... X X X X Extracts X X X X X X X X Extracts X X X X
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