Appeal against acquittal: appellate reappraisal is permitted, but the presumption of innocence must be weighed before reversing conviction.

An appellate court in an appeal against acquittal may reappraise the evidence, but it must respect the strengthened presumption of innocence and consider the trial court's reasons before interfering. Applying that standard, the High Court found that the trial court had misread and ignored material evidence and concluded that the accused had caused the fatal injury. The Supreme Court held that this appraisal was fair and justified, found no legal infirmity or jurisdictional excess, and upheld the conviction.

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Issues: Whether the High Court was justified in reversing the acquittal and convicting the appellant for murder on its own appraisal of the evidence.

Analysis: The appellate court in an appeal against acquittal has full power to reappraise the evidence, but it must keep in view the strengthened presumption of innocence arising from the trial court's acquittal and must examine the reasons given below before interfering. The High Court applied these principles, found that the trial court had misread and ignored material evidence, and concluded that the appellant had inflicted the fatal injury proved by the record. On the facts, the Supreme Court found the High Court's appraisal to be fair and justified and held that no legal infirmity or jurisdictional excess was shown.

Conclusion: The conviction was upheld and the challenge to the High Court's reversal of acquittal failed.

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