Case: State of U.P Vs. Nagau and Ors

Thereafter the accused filed an appeal to the High Court of Allahabad which acquitted respondents Nagu and Rameshwar Prasad and upheld the conviction of others. The State came up to this Court by special leave to appeal which was granted and hence this appeal before us.

Reasoning:
Nor is it a case where another view is reasonably possible on the evidence. In the first place, the High Court has committed an error of law in disbelieving Channu Singh so far as respondents are concerned merely because some of the witnesses were not mentioned in the F.I.R. who were not known to Channu Singh. Secondly, the High Court has completely ignored the evidence of P. W. 15 who was mentioned in the F.I.R. and who has proved the occurrence as an. In view of these circumstances, therefore, we are satisfied that the judgment of the High Court was manifestly wrong and cannot be sustained.