2008 INSC 0324
                                    SUPREME COURT OF INDIA

                                           Muthupandi and Ors.

                                                      Vs.

                                        State by Public Prosecutor

                                           Crl.A.No.275 of 2007

                                   (B.N.Agrawal and G.S.Singhvi,JJ.)

                                                 06.02.2008

                                                   ORDER

1. Heard learned counsel for the parties.

2. The appellants were tried and, by judgment rendered by the Trial Court, they were
acquitted of the charges. On appeal being preferred by the State of Tamil Nadu, the High
Court reversed the order of acquittal and convicted the appellants under Section 302/149 of
the Indian Penal Code [hereinafter referred to as I.P.C.] and sentenced them to undergo
imprisonment for life. They have been further convicted under Section 148 I.P.C. and
sentenced to undergo rigorous imprisonment for a period of two years. The sentences,
however, have been ordered to run concurrently. Hence, this appeal.

3. The conviction of the appellants is based upon the evidences of two eye- witnesses,
namely, Poolpandi [P.W.1] and Marriammal [P.W.2]. We have been taken through the
evidence of these two witnesses and we find that they have consistently supported the
prosecution case and their evidence is corroborated by medical evidence.

4. In our view as the order of acquittal suffered from the vice of perversity, the High Court
was quite justified in reversing the same. In view of these facts, we do not find any ground to
interfere with the impugned order.

5. The appeal, accordingly, fails and the same is dismissed.

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