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PETITIONER: AKHLAKALI HAYATALLI
Vs.
RESPONDENT: THE STATE OF BOMBAY.
DATE OF JUDGMENT: 09/12/1953
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MUKHERJEA, B.K.
CITATION: 1954 AIR 173 1954 SCR 435 CITATOR INFO : RF 1957 SC 373 (6) R 1962 SC 605 (14)
ACT: Criminal Procedure Code (V of 1898 as amended), s. 307- Reference to High Court-Proper approach-Jury-Sole Judges of facts-Provided verdict could be arrived at by reasonable body of men.
HEADNOTE: The proper method of approach in the matters of references under s. 307 of the Criminal Procedure Code as finally settled is that the High Court will only interfere with the verdict of the jury if it finds the verdict perverse in the sense of being unreasonable, manifestly wrong or against the weight of evidence. If the facts and circumstances of the case are such that a reasonable body of men could arrive at one conclusion or the -other, it is not competent to the Sessions Judge or the High Court to substitute their verdict in place of the verdict which has been given by the jury. The jury are the sole judges of the facts and it is the right of the accused to have the benefit of the verdict of the jury. Even if the Sessions Judge or the High Court would, if left to themselves, have arrived at a different verdict, it is not competent to the Ses...