IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1109 OF 2002

STATE OF UTTAR PRADESH ... APPELLANT

VERSUS

DURGA PRASAD & ORS. ... RESPONDENTS

O R D E R

1. This appeal is directed against the judgment and  

order dated 28.03.2000 in Criminal Appeal No.1378 of  

1980 of the High Court of Judicature at Allahabad. By  

the impugned judgment and order, the High Court has  

reversed  the  judgment  and  order  passed  by  the  

Sessions Court in convicting the respondents-accused  

persons under Sections 302, 147, 148 and 149 of the  

Indian Penal Code.

2. The High Court, after re-appreciating the entire  

evidence on record has come to the conclusion that  

the order of conviction and the sentence awarded by  

the  Sessions  Court  is  legally  not  justifiable.  

Accordingly, has set aside the order and  acquitted  

all the respondents. It is this order which is called  

in question in this appeal.

3. We have heard Mr.Ratnakar Dash, learned senior  

counsel  appearing  for  the  State  of  Uttar  Pradesh,  

Shri  Nagendra  Rai,  learned  senior  counsel  and  

Dr.J.N.Dubey,  learned  senior counsel  appearing  for  

the Respondents.  

4. We have meticulously gone through the evidence  

on record and the judgment and order passed by the  

High Court.   We are convinced that the  High Court  

has not committed any error which would call for our  

interference in exercise of our powers under Article  

136 of the Constitution of India.  Consequently, we  

affirm  the  judgment  and  order  passed  by  the  High  

Court and reject the appeal preferred by the State.

Ordered accordingly.

...................J. (H.L. DATTU)

...................J. (ANIL R. DAVE)

NEW DELHI; MARCH 01, 2012