Summarize the following court judgment. N: Criminal Appeal Nos. 178179 and 228 of 1975. (From the Judgment and Order dated 10 4 1975 of the Punjab and Haryana High Court in Criminal Appeal No. 40 of 1972). Frank Anthony	 Herjinder Singh and S.N. Singh	 for appellant No. 1 in Crl. A.178/75 and appellants in Crl. 179/75 and Appellants Nos. 1 2 in Crl. A.228/75. A.K. Sen	 and Herjinder Singh for appellant No. 2 in Crl. A.178/75. R.L. Kohli	 Rameshwar Nath and Miss Manju Malhotra for appellant No. 3 in Crl. A. No. 228/75. O.P. Sharma and Miss Kusum Chaudhury	 for the respondents in all the appeals. The Judgment of the Court was delivered by GOSWAMI	 J. These appeals under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act	 1976	 are directed against the judgment and order of the High Court of Punjab and Haryana convicting five of the appel lants (Satbir Singh	 Paramjit Singh	 Harbhajan Singh	 Shiv Narain and M.p. Singh) under section 302/120B	 Indian Penal Code	 and sentencing them to imprisonment for life. Satbir Singh was also convicted on the sole testimony of Puran Singh under section 364 IPC and sentenced to rigorous im prisonment for seven years and fine. The remaining eight appellants (Ajit Singh	 Darshan Singh	 Arjan Singh	 Baghal Singh	 Tara Singh	 Dial Singh	 Bachan Singh and Malook Singh) were convicted under section 364 IPC and sentenced to seven years rigorous imprisonment and fine. They had all earlier been acquitted by the Additional Sessions Judge	 Amritsar. This case throws a lurid light on smuggling activities at the international India Pakistan border near Amritsar. Amongst the appellants (hereinafter to be described as the accused) M.P. Singh was an Inspector of the Border Security Force (BSF)	 Shiv Narain was a Sub Inspector (BSF) and Harbhajan Singh was a Constable (BSF). Accused Ajit Singh is the father of the two accused	 Satbir Singh and Paramjit Singh. Ajit Singh is alleged to be a big 'smuggler indulging in his smuggling activities at the India Pakistan border with his two sons and the other accused persons	 namely	 Darshan Singh	 Arian Singh	 Baghal Singh	 Tara Singh	 Dial Singh	 Bachan Singh and Malook Singh. It is alleged that Inspector M.P. Singh	 S.I. Shiv Narain and Constable Harbhajan Singh	 along with other BSF personnel were conniving at the smuggling activities of Ajit Singh and party and were reaping their illegal harvest:. 197 Shingara Singh and his son Hardip Singh and Kartar Singh are the three deceased whose murders form the subject matter of this case. While the dead bodies of Hardip Singh and Kartar Singh were found that of Shingara Singh was not available. Puran Singh (PW 3) son of Shingara Singh (deceased) was a member of the gang of smugglers headed by accused Ajit Singh and in the course of smuggling activities there was a quarrel with regard to the sharing of money to the extent of Rs. 15	000/ which was said to be his due and which Ajit Singh and party were not paying. A few months prior to July 6	 1970	 the date of occurrence	 when accused Satbir Singh	 Jasbir Singh and ten or twelve labourers along with Puran Singh smuggled 15 jackets of gold each weighing 1000 tolas from Pakistan into Indian territory with the connivance of Inspector M.P. Singh and S.I. Shiv Narain (BSF)	 Puran Singh succeeded in slipping away under the cover of darkness with two jackets of gold. The gold with which Puran Singh fled away was then worth about Rs. 5 to 6 lakhs. May 20	 1970: A report was lodged by Shingara Singh deceased	 at Police Station	 Gharinda	 alleging that his son Puran Singh (PW 3) who had been carrying on smuggling activ ities with the sons of accused Ajit Singh was taken away by accused Satbir Singh and some others (not before us) on May 6	 1970	 in a car. He did not then suspect anything. But now he had a firm suspicion that Satbir Singh	 Jasbir Singh and Paramjit Singh	 sons of Ajit Singh of Village Burj	 Rajinder Singh and Makhan Singh	 had abducted his son Puran Singh over a dispute about .the smuggled gold and they had kept him concealed at some unknown place with the intention to kill him. On receipt of this report a case under section 364 IPC was registered by S.I. Baldev. Singh (PW 63) at Police Station	 Gharinda (exhibit P.P.Y.). July 7	 1970: A report was sent to Police Station	 Gharinda by accused Shiv Narain	 S.I. (BSF) about an en counter of BSF with smugglers on the mid night of July 6	 1970	 on the border of India Pakistan at Border Pillar No. 100 near Amritsar that "two sikh young men" fall dead to the fire opened by the Border Security Force of the Indian side. July 17	 1970: The first information report (exhibit PPZ/R) of the present case was registered by Police Station	 Gha rinda	 on the report dated July 12	 1970 (exhibit P.P.Z.) of D.S.P. Surjit Singh (PW 64) which	 inter alia	 disclosed: "I heard a rumour on 8th July	 1970	 on my return from casual leave that three persons namely Shingara singh son of Inder Singh	 Kartar Singh son of Mangal Singh and Hardip Singh son of Shingara Singh jats residents of Ranike	 Police Station Gharinda had been abducted forcibly by Ajit singh of Burj and his sons residents of village Burj	 Police Station Gharinda and party from near Crystal Chowk	 Amritsar and that they had	 been shown killed in an encounter in connivance with Border Security Force and Pak Rangers". 198 This report of D.S.P. Surjit Singh has discounted the en counter story as a fib but yet it continued to be the de fence of the accused. According to the trial court "the encounter version appears to be true". Were the three persons	 Shingara Singh	 Hardip Singh and Kartar Singh	 killed in an encounter with the BSF or mur dered in pursuance of a conspiracy .to abduct and murder ? While the first part of the question need not even be proved	 the second part must needs be proved to the hilt. The prosecution case further is that Puran Singh after having been taken away from his village was taken to the Haveli of Ajit Singh where he was asked about the gold which he had stolen away. Puran Singh informed the accused persons that he 'had delivered the gold to his brother	 Hardip Singh. It is alleged that Puran Singh was afterwards taken to the border and left with accused M.P. Singh and accused Shiv Narain who later on handed over 'him to Shaffi and Yakub	 two Pakistan smugglers and the latter took him to village Dial (Pakistan). Puran Singh was brought to the Indian side of the border on the night intervening 6th and 7th July	 1970	 but was again taken back to Pakistan where from he could manage to escape and cross over to the Indian side of border only on November 6	 1970	 to figure as an eye witness to the murder of his father. It is alleged that on July 6	 1970	 Shingara Singh	 Hardip Singh and Kartar Singh (all deceased) along.with Harnam Singh (PW 5) went. to Amritsar. Shingara Singh and Hardip Singh had gone to attend court	 Kartar Singh to sell his vegetables and Harnam Singh to attend to his wife	 Smt. Piaro	 who was a patient in the V.J. Hospital. After being free from their work at about 1.00 p.m. the three deceased along with Harnam Singh (PW 5) went towards the V.J. Hospital. When they had reached Crystal Chowk on way to the Vijay Hospital a big vehicle and a car came from the side of the Railway Station	 in which accused Ajit Singh	 Jasbir Singh (absconder)	 accused Satbir Singh	 Satara (absconder)	 accused Paramjit Singh	 accused Baghal Singh	 accused_ Tara Singh	 accused Arian Singh	 accused Bachan Singh	 accused Darshan Singh	 Pritu. (Pritam Singh) (acquitted)	 accused Malook Singh and accused Dial Singh with two other; Jetsons in police uniforms (Pamma and Malki at) were travelling. 'These persons were armed with guns and revolvers. The accused came out of the vehicle and physi cally lifted Shingara Singh	 Hardip Singh and Kartar Singh and whisked them away in the said vehicles. It is alleged that the deceased persons were first taken to the HaveIi of Ajit Singh in village Burj where they were belaboured and later on	 blindfolded and tied	 removed to the Indo Pakistan border where on that night some goods were to be exchanged between the accused with Balkar Singh (PW 4) and the Pakis tani smugglers. Accused M.P. Singh was also present there. At about mid night all of them including accused Shiv Narain and accused Harbhajan Singh moved near Pillar No. 100. This party handed over 1 1/4 maunds of silver to Yakub and Shaffi	 Pakistani smugglers and received gold in return Hardip Singh and Kartar Singh were brought by accused Satbir Singh and others towards Indian side of the border but Shingara Singh 199 was left behind with the Pakistani smugglers. Balkar Singh (PW 4) then enquired as to why Shingara Singh had been handed over to Pakistanis. At that moment accused Shiv Narain fired two shots with very light pistol. Accused Harbhajan Singh	 accused M.P. Singh	 accused Paramjit Singh and accused Satbir Singh also fired shots at Hardip Singh and Kartar Singh from a distance of 25 yards who then dropped dead. Accused Jasbir Singh (absconder) came there and untied their hand 's and removed the cloth covering their eyes. A rifle was placed near the dead body of Hatdip Singh and a Kitpan was placed near the dead body of Kartar Singh. Balkar Singh (PW 4) also heard the sound of a fire shot in Pakistan territory when Ajit Singh (accused) said that Shingara Singh had also been killed. According to the prosecution to justify the killing of Hardip Singh and Kartar Singh	 accused M.P. Singh	 accused Shiv Narain and accused Harbhajan Singh with other officials of BSF	 manipulated an encounter story and got a false case registered at Police Station	 Gharinda	 on July 7	 1970 (exhibit P.P. O/1) on a "ruqa" having been sent by S.I. Shiv Narain (accused) falsely alleging	 inter alia	 that on a secret information having been received by Inspector M.P. Singh (accused) that some Smugglers would bring some goods from Pakistan to India they conducted an. ambush behind Burj (Border Pillar) No. 100 on the night intervening 6th and 7th July	 1970	 and during the process in defence the Naka party fired which resulted in killing of two persons who were subsequently identified as Hardip Singh and Kartar Singh. The accused persons were charged under section 364/120B IPC for abducting Puran Singh. They were also charged under section 364/120B IPC for abducting Shingara Singh	 Hardip Singh and Kartar Singh. They were further charged under section 302/102B IPC for causing the death of Kartar Singh and Hardip Singh. They were also charged under section 109 IPC for abetting the murder of Shingara Singh which offence was committed in consequence of the abetment. The prosecution examined 68 witnesses. The accused denied the charges and the BSF accused suggested a motive for the prosecution by alleging animus against the D.S.P. Surjit Singh (PW 64). According to them Kartar Singh and Hardip Singh were killed as a result of an encounter with smugglers on the border. The Sessions Judge giving his reasons for not accepting the evidence of the eye witnesses and other material evi dence acquitted all the accused. The High Court on appeal confirmed the acquittal of two accused	 namely	 Pritam Singh and Mehar Singh	 but convicted the appellants as mentioned above. With regard to the charge under section 302/120B IPC the case will depend upon the evidence of Puran Singh (PW 3) and the extrajudicial confession by the accused	 Shiv Narain and Harbhajan 14 240SCI/77 200 Singh	 before R.K. Kapur (PW 41). With regard to the charge under section 364 IPC the prosecution rests upon Hamare Singh (PW 5) and also upon the evidence of Gurdial Singh (PW 10)	 Inspector Gurmukh Singh (PW 11) and Constable Amrik Singh (PW 46) with regard to the Roznamcha entry (exhibit PP. We may also note here that Puran Singh (PW 3) and Balkar Singh (PW 4) were the two eye witnesses to the murder and Balkar Singh (PW 4) was disbelieved both by the Sessions Judge and the High Court. Harnam Singh (PW 5) is an eye witness to abduction. We should also note that Gutdip Singh (PW 14)	 Atma Singh (PW 27) and Mohinder Singh (PW 28) who were witnesses with regard to the charge of abduction were also disbelieved both by the Sessions Judge and the High Court. Harnam Singh (PW 5) who is the eye witness to abduc tion was disbelieved by the Sessions Judge but partly be lieved by the High Court. In the above state of the evidence Mr. Sharma appearing on behalf of the state rests his case on the evidence of Puran Singh (PW 3) and the extra judiCial confession made by the accused Shiv Narain and Harbhajan Singh before R.K. Kapur (PW 41) with regard to the murder charge under sec tion 302/120B IPC. He also relies upon the Roznamcha and the recoveries. We will therefore first examine the reasons given by the Sessions Judge for acquitting the accused. After narrating the facts deposed to by Puran Singh (PW 3) the Sessions Judge held that "the story on the face of it appears to be false". According to Puran Singh (PW 3) the accused took him away to Ajit Singh 's Haveli and then to the Indo Paki stan border only with a view t9 recover the gold which he had earlier managed to steal away. _ The Sessions Judge took note of the fact that Puran Singh had told the accused that the gold was lying with his brother	 Hardip Singh. It was	 therefore	 inconceivable that this clue with regard to the gold would not be pursued by the accused and Hardip Singh would be left out and Puran Singh alone would be taken away. This witness even after he had Seen the murder of his father Shingara Singh	 on July 6	 1970	 stayed in Pakistan for about four months without disclosing this fact to any body nor did he communicate about it to any of his rela tions. Although this witness said that he crossed from Pakistan to India only on November 6	 1970	 after the mur der	 and was arrested and interrogated by S.I. Jai Ram (PW 58) and was also prosecuted for crossing the border	 there is no evidence from any police officer	 nor even from S.I. Jai Ram (PW 58). No documentary evidence	 which would have been available if his statement Was true	 was produced in the case. Apart from that	 this witness stated that he was arrested by S.I. Jai Ram and he narrated the entire occur rence to him. S.I. Jai Ram does not Support him. On the other hand he had earlier stated before the committing Magistrate that he did not tell anything about the said murders to S.I. Jai Ram. The Sessions Judge also note several discrepancies in his evidence and finally came to the conclusion that he was not actually present at the ' time of the murders nor was he abducted by the accused as alleged. 201 The High Court does not appear to have closely consid ered the treasons given by the SesSions Judge for disbeliev ing the testimony of Puran Singh. it is difficult to appre ciate how the High Court can say that the statement of this witness "seems to be quite natural" in view of the infirmities pointed out by the Sessions Judge. After exam ining the entire discussion of the evidence of this witness by the High Court	 we are not satisfied that the High Court was right in relying upon the testimony of this witness. It is pointed out that the High Court was not correct in observing that "it is not disputed that he (Puran Singh) is being tried for having come to Indian territory on November 6	 1970 and the moment he entered the Indian territory	 he was taken into custody and his statement was recorded by the police". On the other hand the Sessions Judge found just to the contrary and there is no reference in the judgment of the High Court to the discussion by the Sessions Judge with regard to this aspect. We have next to see the reasons given by the Sessions Judge for disbelieving the testimony of Harnam Singh (PW 5). This witness gave evidence about the abduction of the three deceased from the Crystal Chowk	 near V.J. Hospital	 Amrit sar. The witness is a near relation of the deceased and he admitted that when the three deceased were abducted he suspected that the accused might inflict injuries on their person. Even so he did not go for police assistance nor did he inform even Mangal Singh (PW 17)	 father of the deceased .Kartar Singh	 about the occurrence although the latter was residing with him in the same house. He also did not ask the relations of the deceased to 'lodge any report with the police. Crystal Chowk is a busy commercial area where there are shops and some residential houses and the shops were open at the time of the incident. Even so this witness stated that there were no shops or bazar near the place of occurrence. This witness named five accused persons including two absconders and stated that he knew them by names about one year prior to the occurrence. Since he had named accused Paramjit Singh and accused Satbir Singh in the committing court he was asked there to identify these two accused. He	 however	 wrongly pointed towards accused M.P. Singh as Paramjit Singh and accused Pritam Singh as Satbir Singh. Accused M.P. Singh was not even alleged to be present at Amritsar at the time of abduction. Although this witness stated that he informed Kabal Singh (PW 6) brother of Shingara Singh	 Kabal Singh did not corroborate him on this point. Further	 Harnam Singh (PW 5) states about abduction of the three deceased from Crystal Chowk. The High Court accepts his evidence as being corroborated by witnesses regarding his presence at Amritsar with the three deceased persons. It is difficult to see how because his presence at Amritsar is proved the further fact about the abduction of the three deceased from Crystal Chowk is also established. There is no corroboration whatsoever of this part of the story. If the High Court has to look for corroboration of the evidence of Harnam Singh even about his presence at Amritsar on its own reasoning	 the principal part of the prosecution case about abduction depending upon his sole testimony cannot be held to be established. The 202 High Court also seeks to find corroboration of this 'part of the case from Roznamcha of July 6	 1970 (exhibit P.P. A) wherein a certain information from an undisclosed source was re ceived at 2.00 P.M. by Gurdial Singh (PW 10) to the effect "that there was some fight between some smugglers near Crystal Chowk or some legislator had been abducted". This information is hearsay in absence of the informant. name of the informant is not even disclosed. Apart from this	 this Roznamcha does not corroborate Harnam Singh (PW 5) with regard to his statement that the three deceased persons were abducted by the accused from Crystal Chowk. The High Court did not fail to observe that the reasons given by the witness for his belated examination by the police as "padding obviously. at the instance of the po lice". Even so	 the High Court explained away the fact ' of Harnam Singh 's not reporting to the police 'in a very unusu al way. The High Court observed firstly that it was natural for the witness not to be involved in the dispute of smugglers and secondly that there was no use informing the police as no petty police officer would take action against the international smugglers. The High Court went on to record that "it appears in the present day administration that no petty police officer is likely to take responsibil ity in ' the matter of prosecuting international smugglers without having the blessings of the highest police officer in the district and even above". Witnesses	 like Harnam Singh	 were	 therefore	 according to the High Court "help less". We cannot commend this line of approach in a crimi nal case in order to find jurisdiction for conviction on shaky testimony by making a virtue of the inalertness of the police administration. The witness cannot be relied upon by resort to a kind of special pleading in his aid. We find that the High Court has not given any cogent reason for taking a different view with regarding to the appreciation of evidence of this witness by the Sessions Judge. About recovery of fire arms and gold at the instance of some of the accused	 the case rested on the evidence of the police officers alone. The other search witnesses were declared hostile on account of their not supporting the prosecution. The Sessions Judge did not feel it safe to act upon the testimony of police witnesses including Inspector Bachan Singh (PW 68) in the matter of disclosure statement as well as of recovery of the fire arms and of gold in absence of corroboration by independent witnesses. The High Court held that there was no reason to disbelieve the police witnesses. But when both the Sessions Judge and the High Court seem to be in agreement in finding that there was "padding" by the police in respect of evidence produced in the case	 it could not be said that the Sessions Judge was so grievously in error that contrary appreciation of the evidence was compelling under the circumstances. There is also the evidence with regard to extra judicial confessions said to have been made by the accused Shiv Narain and Harbhajan Singh before R.K. Kapur (PW 41)	 the Commandant of the Border Security Force. The Sessions Judge has considered that evidence as inadmissible under section 24 of the Evidence Act. 203 The High Court	 differing from the opinion of the Ses sions Judge	 held the extra judicial confession as admissi ble in evidence since	 according to the High Court	 "it cannot be held that he (Kapur) gave any threat; inducement or promise to the accused". The High Court observed: .lm10 "When this (warning) was conveyed to the ac cused by Shri Handa D.S.P.	 the accused still stuck to the encounter versions and made their statements in writing supporting the encounter version. The said threat of Shri Kapur P.W. did not work and the accused stuck to their old story . It was on 19th July	 1970 that Shiv Narain and Harbhajan Singh were questioned separately when he told them that they should come" out with the truth otherwise .they would them~ selves be responsible for their actions and if they had done anything wrong	 they would go to jail. Instead of giving them any promise of help	 he in fact told them that if they were in the wrong	 they would go to jail . From the statement of this witness	 which I have gone through minutely	 it is difficult to hold that he gave any inducement	 threat or promise to the accused persons and that the ac cused persons made the confessions in pursuance thereof". Section 24 of the Indian Evidence Act provides that a confession made by an accused person is irrelevant in a criminal proceeding	 if the making of the confession appears to the court to have been caused by any inducement	 threat or promise	 having reference to the charge against the accused person	 proceeding from a person in authority and sufficient	 in the opinion of the court	 to give the accused person grounds	 which would appear to. him reasonable	 for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Indeed	 Mr. Kapur was a person in authority being the Commandant of the rank of a Senior Superintendent of Police and the confessing accused were his subordinates. Apart from this	 it appears from his evidence that the oral confessional statements were not readily forthcoming from the accused persons but they had to be interrogated on several occasions. He further advised D.S.P. Handa to interrogate them "with a warning that they should state the truth otherwise they would not be supported by me". Mr. Kapur further admitted in his cross examination that he "did tell Mr. Handa on telephone on 10th July	 1970 that he should give a warning to Border Security Force people to come out with truth otherwise they themselves would be responsible for their actions". Mr. Kapur also himself "enquired from M.P. Singh and Shiv Narain accused about the matter on 19th July	 1970 telling them that now that the case has been registered they should state the truth". In deciding whether a particular confession attracts the frown of section 24 of the Evidence Act	 the question has 	to be considered 204 from the point of view Of the confessing accused as to how the inducement	 threat or promise proceeding from a person in authority would operate in his mind. It is true that Mr. Kapur	 in his evidence	 denied having held out: to the accused any inducement	 threat or promise. We	 however	 find. that on July 1 7	 1970	 the police gave a go by to the encounter story and the present case was registered against the accused. Two days after	 on July 19	 1970	 Mr. Kapur having already failed to get any confessional statement from the accused through other agen cy	 took upon himself to question accused Shiv Narain and Harbhajan Singh separately and this time he succeeded in securing confessional statements. When the two accused were questioned. separately after several abortive attempts to secure confessions	 can it be said that there ' was no in ducement	 threat or promise of some kind proceeding from. Mr. Kapur to have made any impact on their minds 'resulting in the confessions ? Mr. Kapur having stated to the accused on July 19	 1970	 that "now that the case has been regis tered they should state the truth"	 it is difficult to hold that by this statement he would not generate in the minds of the accused some hope and assurance that if ' they told the "truth" they would receive his "support" which he had earli er ' conveyed to them through D.S.P. Handa. It is true that in the course of cross examination Mr. Kapur stated that he had told the accused that if they had done anything wrong they would go to jail. But having regard to the effect of the totality of the evidence of this witness	 we are unable to hold that the confessions made by the accused before Mr. Kapur on July 19	 1970	 were free from the taint of infirmi ty within the mischief of section 24 of the Evidence Act. ' We are	 therefore	 clearly of opinion that the extra judi cial confessions by the two accused	 Shiv Narain and Harbha jan Singh	 have to be completely excluded from consideration being hit by section 24 of the Evidence Act. Similarly not much can be made of abscondence of certain accused when other material evidence connecting the accused with the crime has failed in this case. A serious infirmity in the judgment of the High Court is that it has not at all considered the reasons given by the Sessions Judge for acquitting the accused. The High Court has given its own reasons for convicting the appellants but that is not enough in an appeal against ' acquittal. As a practical proposition	 in an appeal against acquit tal	 it is always necessary that the .reasons given by the trial court for recording an acquittal should be examined by the High Court. If the conclusions of the trial court are not based upon any evidence or they are such as no reasona ble body of men	 properly instructed in law	 can reach	 on the evidence	 or they are so palpably wrong as to shock the sense of justice	 the High Court will be justified in taking a contrary view by giving its own reasons. It is not enough that it is just Possible for the High Court to take a con trary view. While interfering with acquittal the judg ment of the High Court should demonstrate clearly 205 the unworthiness of the conclusions of the trial court having regard to all the relevant evidence in record. We are unable to say in these appeals that the High Court has followed these salutary principles in dealing with an appeal against acquittal. We may also observe that the High Court need not have mentioned the fact that the Sessions Judge was "suspended on account of corruption charges". If we may say so	 it was absolutely unnecessary to refer to this in disposing of the appeal. We are clearly of opinion that this was not a fit case where the High Court should have interfered with the acquit tal of any of the appellants. The appeals are allowed. The judgment and order of the High Court are set aside and the appellants are acquitted of all the charges. The appel lants	 Satbir Singh	 Paramjit Singh	 Harbhajan Singh	 Shiv Narain and M.P. Singh shall be released from detention forthwith. The remaining appellants	 Ajit Singh	 Darshan Singh	 Arjan Singh	 Baghal Singh	 Tara Singh	 Dial Singh	 Bachan Singh and Malook Singh	 who have been on bail shall be discharged from their bail bonds S.R. Appeals allowed.

All the accused were tried for offences section 302/120B and 364 I.P.C.	 but acquitted by the Additional Sessions Judge	 Amritsar. On State 's appeal against acquittal	 the High Court convicted five of the appellants (Satbir Singh	 Paramjit Singh	 Harbhajan Singh	 Shiv Narain and M.P. Singh) under section 302/120B I.P.C. and sentenced them to imprisonment for life. Satbir Singh was also convicted on the sole testimony of Puran Singh (PW3) section 364 I.P.C. and sen tenced to rigorous imprisonment for seven years and fine. The High Court held the extra judicial confessions made by Shiv Narain and Harbhajan Singh before R.K. Kapur (PW 41) the commander Border Security Force as admissible in evi dence before convicting them and rejected the plea of en counter on the Indo Pakistan border. The High Court con victed the remaining eight appellants (Ajit Singh	 Darshan Singh	 Arian Singh	 Baghal Singh	 Tara Singh	 Dial Singh	 Bachan Singh and Malook Singh) section 364 I.P.C. and sentenced them also to rigorous imprisonment for seven years with fine. Allowing the appeals under the Supreme Court (Enlarge ment of Criminal Appellate Jurisdiction) Act	 1971	 the Court	 HELD: (1) This was not a fit case where the High Court should have interfered with the acquittal of any of the appellants. The High Court has not at all considered the reasons given by the Sessions Judge for acquitting the accused. It has given its own reasons for convicting the appellants but that is not enough in an appeal against acquittal. [205 B C] (2) As a practical proposition	 in an appeal against acquittal	 it is always necessary that the reasons given by the trial court for according an acquittal should be exam ined by the High Court. If the conclusions of the trial court are not based upon any evidence or they are such as no reasonable 'body of men	 properly instructed in law can reach	 on the evidence	 or they are so palpably wrong as to shock 'the sense of justice	 the High Court will be justi fied in taking a contrary view by giving its own reasons. It is not enough that it is just possible for the High Court to take a contrary view. While interfering with acquittal the judgment of the High Court should demonstrate clearly the unworthiness of the conclusions of the trial court having regard to all the relevant evidence in record. The High Court has followed these salutary principles in dealing with an appeal against acquittal. [204 G H	 205 A] (3) In deciding whether a particular confession attracts the frown of section 24 of the Evidence Act	 the question has to be considered from the point of view of the confess ing accused as to how the inducement. threat or pro raise proceeding from a person in authority would operate in his mind. In the instant case	 the extra judicial confessions by the two accused Shiv Narain and Harbhajan Singh	 have to be completely excluded from consideration being hit by section 24 of the Evidence Act. When the two accused were questioned separately after several abortive attempts to secure confes sions it cannot be said that there was no inducement	 threat or promise of some kind. [203 H 204 A	 E] 196 Observation: The witness cannot be relied upon by resort to a kind of special pleading. in his aid. The line of approach in a criminal case in order to find justification for conviction on .shaky testimony by making a virtue of the inalertness of the police administration is not to be commended.