If conclusion drawn by the trial court is a possible conclusion on the basis of evidence on record, the High Court cannot reverse the acquittal [Read the Judgment].

Whle setting aside an acquittal in a murder case, the High Court convicted the accused persons. When the matter reached the Supreme Court, it held that if conclusion drawn by the trial court is a possible conclusion on the basis of evidence on record, the High Court cannot convict the accused. 

Case is titled as Satish Kumar vs State of Himachal Pradesh and the judgment was passed by a bench of Justice Lalit, Justice Malhotra and Justice Gupta on 02.03.2020.

Supreme Court observed as under:

"The trial court has recorded an order of acquittal. Such order of acquittal could be interfered with only if there was perversity in the findings recorded by the trial court. Mere fact that the High Court has a different opinion will not be sufficient to enable the High Court to set aside the order of acquittal. The High Court in appeal took a different view than what was taken by the trial court to set aside the judgment and convict the appellants herein.......

We find that the High Court interfered with the findings of acquittal even though the conclusion drawn by the trial court is a possible conclusion on the basis of evidence on record.

We find that the prosecution has failed to prove the role of accused in causing death of the deceased Ratti Ram inasmuch as the recovery of dead body in pursuance of similar disclosure statements made by accused Satish Kumar and Rajeev Kumar is not proved. In the absence of any evidence led by the prosecution as to who fired the fatal shot, the benefit of doubt must go to the accused persons and was rightly granted by the learned trial court. Consequently, we find that the order of the High Court convicting the appellants is wholly illegal, unwarranted and unjust.

The conviction of the appellants for the offences punishable under Section 302 read with Section 34 IPC and Sections 25 and 27 of the Act is set aside. Accordingly, both the appeals are allowed. The order of acquittal recorded by the trial court is restored. The bail bonds shall stand discharged. All the accused be set at liberty, if not wanted in any other case".

Read the Judgment here: