JUDGMENT C. B. Capoor, J. - This appeal by the State of Uttar Pradesh is directed against an order of the learned Civil and Sessions Judge, Fatehpur, acquitting the respondent of an offence under Section 302 I.P.C. The accusation against the respondent was that on July 30, 1962, at about sun-rise time he had committed the murder of Desh Raj while he was sleeping on a cot in front of his house in village Kumharan ka purwa, a hamlet of Chak Saroli police-station Hathgaon district Fatehpur. 2. Basdeo (P.W. 3) is the son of one Pittan who resided in Kumharan ka purwa. On the death of Pittan his widow was kept by Desh Raj deceased who began to reside in the house of Basdeo about five or six years ago. In front of and at a distance of about 100 cubits from the aforesaid house of Basdeo there was a Bel tree close to which was the land of Sheo Bhajan Ahir and with the permission of Sheo Bhajanesh Raj used to tether his cattle on that land. On July 29, 1962 the respondent fixed his pegs in that land. This was taken exception to by Desh Raj who pulled out the pegs and threw them away. An exchange of hot words and abuses took place between Desh Raj and the respondent and a threat was held out by the respondent that if he was true to his salt he would cut his neck. On the night between July 29/30, 1962 Basdeo (P.W. 3), Desh Raj deceased and Smt. Munnia, sister of Basdeo slept in front of their house on three separate cots. At about sun rise Basdeo felt some movement close to his cot and was awakened and saw that the respondent was inflicting blows with a Gandasa at Desh Raj. Basdeo got up i from the bed and raised an alarm, where at Sukhnandan (P.W. 2), Srinath (P.W. 1), Baldeo (P.W. 4) and &Raghurai (P.W. 13), who happened to be in close vicinity rushed to the scene of occurrence and the respondent was caught red-handed with a Gandasa in his hands by Basdeo (P.W. 3) and Srinath (P.W. 1). The Gandasa appeared to be blood-stained. The persons who had reached the scene of occurrence tied the respondent with a rope and made him to sit in front of the house of Basdeo. The Gandasa (Ext. The Gandasa appeared to be blood-stained. The persons who had reached the scene of occurrence tied the respondent with a rope and made him to sit in front of the house of Basdeo. The Gandasa (Ext. 1) was placed on the ground at a distance of two or three cubits from the respondent. The victim succumbed to his injuries almost instantaneously. Baldeo (P. W. 4) was sent to fetch the Chaukidar of village Itaili who reached, the house of Basdeo after about an hour. Thereafter the respondent was escorted to the police-station by the Chaukidar, Basdeo (P. W. 3) and Srinath (P. W. 1). The Gandasa (Ext. 1) was also taken to the thana. Basdeo lodged a report at police-station Hatgaon on the the same day that is on July 30, 1962 at 8 a.m. The Gandasa Ext. 1 was also handed over at the police-station and the respondent was taken into custody. He was wearing a Dhoti Ext. 2 which appeared to be blood-stained and that was also taken into possession. 3. The post-mortem examination on the dead-body was performed on July 31, 1962 at 9.45 a.m. The probable time since death was estimated as a day. 4. As a result of the external examination the following ante mortem injuries were found: (1) Transverse incised wound 1 x x bone deep on the chin lower jaw bone cut 114" deep. (2) A big gaping wound with sharp margins oblique, slightly higher on left side and lower on right side, and a resultant of four injurise by a sharp edged cutting weapon. It is 7" x 2" x vertibral column deep, on left side, front and right side of neck. Its left end is 2" below left ear while right end is 2" below right ear. All muscles, vessels trachea, oesophagus etc. are cleanly cut across, more on the left side than on the right. Body of the 5th cervical vertebrae clearly cut across completely along with spinal cord. Body of 6th cervical and 7th cervical cut across completely except for a very small portion of right side where they remain united. Vertebral column dismembered at the level of 5th cervical vertebra. Trachea and oesophagus cut across at three places. (3) Oblique incised wound 1" x ?" x skin deep on top of right shoulder. (4) Oblique incised would 2" x l/8" x skin -1" below No. (3). Vertebral column dismembered at the level of 5th cervical vertebra. Trachea and oesophagus cut across at three places. (3) Oblique incised wound 1" x ?" x skin deep on top of right shoulder. (4) Oblique incised would 2" x l/8" x skin -1" below No. (3). (5) Oblique incised wound l" x l/8" x skin on left side of face lower jaw region. (6) Oblique incised wound 3" x " x skin on left side of neck above clavicle. 5. The cause of death was stated to be shock and haemorrhage on account of injuries. The shirt which was on the (lead body and the Dari and towel on which the dead body lay appeared to be blood stained and the aforesaid articles and blood-stained earth from the scene of occurrence were taken into possession when the Investigating Officer reached the scene of occurrence. The aforesaid articles along with the Gandasa and the Dhoti which the respondent was wearing at the time when he was taken to the police station were sent to the Chemical Examiner and the Union Serologist and were found to be stained with blood. Human blood was detected on all of them except the earth. The origin of blood in the earth could not be ascertained as the blood stains had disintegrated. As a result of investigation the respondent was prosecuted. 6. The respondent pleaded not guilty. He denied that the Gandasa (Ext. 1) or Dhoti (Ext. 2) were recovered from him. It was alleged that he had been falsely implicated in the crime under consideration due to enmity. It was denied that the mother of Basdeo was in the keeping of Desh Raj deceased and the allegation was that she was in the keeping of one Mahadeo of village Ram-purwa. No evidence was led in support of the aforesaid defence. 7. The prosecution in order to bring home guilt to the respondent examined Srinath (P.W. 1), Sukhnandan (P.W. 2), Basdeo (P.W. 3), Baldeo (P.W. 4) and Raghurai (P. W. 13), as eye-witnesses to the incident under consideration. Sheo Bhajan (P.W. 10) deposed as to the motive for the commission of the crime under consideration. Sukhnandan (P.W. 2) did not support the prosecution version in its entirety and was declared to be hostile. Sheo Bhajan (P.W. 10) deposed as to the motive for the commission of the crime under consideration. Sukhnandan (P.W. 2) did not support the prosecution version in its entirety and was declared to be hostile. The learned Sessions Judge did not rely upon the testimony of Srinath, Baldeo and Raghurai mainly as they did not belong to the village in which the incident occurred and were chance witnesses. The testimony of Basdeo was discarded mainly on account of its being of a partisan character. The learned Sessions Judge found it difficult to believe that the respondent would commit the murder of Desh Raj at about, sunrise time, when four persons were within a distance of about 19 paces from him. The findings recorded by the learned Sessions Judge have been vehemently assailed on behalf of the appellant. 8. The principles governing an appeal against an order of acquittal are well settled. It was held in the case of Sanwath Singh and others v. The State of Rajasthan, A.I.R. 1961 S.C. p. 715 that while an appellate court has full powers to review the evidence and to come to its own conclusion it will not interfere with the order of acquittal unless the same is found to have been based on unreasonable grounds. The aforesaid view was reiterated in the cases of Harbans Singh v. State of Punjab, A.I.R. 1962 S.C. p. 439 and Gurdatta Mai v. State of U. P., A.I.R. 1965 S.C. p. 257. It would thus appear that a court of appeal will not interfere with the finding of acquittal if on a scrutiny of evidence two views are possible and the view taken by the lower court is a reasonable one. One of the important questions that arise for decision in this appeal is as to whether the respondent was apprehended on the spot with a Gandasa in his hand. Srinath, P.W. 1, Basdeo, P W. 3. Baldeo, P.W. 4 and Raghurai, P.W. 13, have deposed that at the arrival of the witnesses the respondent made an attempt to run away but a chase was given to him and he was apprehended by the first two of the aforesaid witnesses, namely, Srinath and Basdeo with a blood-stained Gandasa in his hand. Basdeo, P.W. 3 is closely related to the deceased. Basdeo, P.W. 3 is closely related to the deceased. It has already been noticed that Basdeo was the son of one Pitam whose widow was kept by Deshraj deceased and that both the deceased and Basdeo resided in the same house in Kumharan ka Purwa. None of the other witnesses referred to above was a resident of the aforesaid Purwa. Srinath, P.W. 1, Baldeo, P.W. 4 and Raghurai, P.W. 13 were residents of Sukkha Ka Purwa which was about one furlong distant from Kumharan ka Purwa. Srinath and Baldeo have stated that on the day of the incident at about half an hour prior to sunrise they had gone to Kumharan ka Purwa in order to fetch labourers. Raghurai, P.W. 13 has stated that he carried on cultivation in village Sarauli close to Kumharan ka Purwa and that he used to keep his plough at the door of the respondent and on the day of the incident at about sunrise time he had gone to bring his plough. Srinath and Baldeo stated to have seen the incident under consideration while returning from the village and Raghurai has stated that he heard an alarm while he was near the scene of occurrence and saw the respondent inflicting Gandasa blows at the deceased. It is alleged that after his apprehension the respondent was made to sit in front of the house of the deceased and the bloodstained Gandasa from his possession was kept at a distance of about 2 or 3 cubits from the respondent. Thereafter when the Chaukidar reached the scene of occurrence the respondent was taken to the police station where the blood-stained Gandasa was handed over and the Dhoti which the respondent was wearing at that time was taken into custody as it appeared to be blood stained. Human blood was detected on the Dhoti and the Gandasa as a result of examination by the Chemical Examiner and the Union Serologist and on behalf of the appellant much reliance has been placed upon the aforesaid circumstances as indicating that the respondent had committed the crime under consideration and was apprehended at the spot. Human blood was detected on the Dhoti and the Gandasa as a result of examination by the Chemical Examiner and the Union Serologist and on behalf of the appellant much reliance has been placed upon the aforesaid circumstances as indicating that the respondent had committed the crime under consideration and was apprehended at the spot. On behalf of the respondent, on the other hand, it has been argued that the Dhoti which was taken from the possession of the respondent was not the same that was sent to the Chemical Examiner and the Union Serologist and, in support of that contention, reliance was placed upon the statement made by Amir, P.W. 15 that the largest blood stain on the Dhoti which the respondent was wearing at the time he was taken to the police station was I cubit long and 1-112 cubit wide and upon the report of the Chemical Examiner that the length of the largest blood stain on the Dhoti was inch. The contention advanced on behalf of the respondent is that in view of the aforesaid statement and report it could not be held that the Dhoti which was taken off the person of the respondent was the same that was examined by the Chemical Examiner. It has also been contended on behalf of the respondent that Amir, P.W. 15 is not a witness in whom implicit reliance could be placed inasmuch as on his own showing he is generally called to the police station to be a witness. It has also been contended on behalf of the respondent that the Chaukidar of the village who is alleged to have accompanied the informant when the respondent was taken to the police station has also not been examined as a witness on behalf of the prosecution. It has also been contended on behalf of the respondent that the Chaukidar of the village who is alleged to have accompanied the informant when the respondent was taken to the police station has also not been examined as a witness on behalf of the prosecution. It will thus appear that the evidence led on behalf of the prosecution in proof of the fact that the respondent was apprehended at the spot and was taken to the police station along with the Gandasa that was recovered from him and that at the police station the Dhoti which he was wearing was taken into custody was not of a superior quality and free from the taint of partiality and it could not, therefore, be held that the reasons assigned by the learned Sessions Judge for recording a finding on the question under consideration against the respondent were not cogent and sound. 9. It is significant that Sukhnandan, P.W. 2 who not only was a resident of the Purwa in which the incident occurred but was also a close neighbour of the deceased did not support the prosecution version at the trial and that the remaining witnesses, who furnished an eye witness account of the incident, were not residents of the hamlet in which the incident took place. Another fact worthy of notice is that although the respondent resided in the vicinity of the scene of occurrence he is alleged to have committed the murder at about sunrise time and, as has already been noticed, none of the prosecution witnesses, except for Basdeo, P.W. 3, was a resident of the hamlet in which the incident occurred. On account of close relationship with the deceased Basdeo was a highly interested witness. For the foregoing reasons, we do not think that the order of acquittal merits interference. 10. Before parting with this judgment, we would like to observe that the learned Sessions Judge has used strong language in condemning the evidence led on behalf of the prosecution and his judgment smacks of special pleading. For the foregoing reasons, we do not think that the order of acquittal merits interference. 10. Before parting with this judgment, we would like to observe that the learned Sessions Judge has used strong language in condemning the evidence led on behalf of the prosecution and his judgment smacks of special pleading. During the course of his judgment, the learned Sessions Judge made the following observations :- "The prosecution seems to have concocted a story, introduced features, fabricated a case, perverted truth, resorted to falsehoods, inverted facts and distorted events in such a way and manner as to completely shake the confidence of Court in the genuineness of its case and in the veracity of its evidence." 11. It cannot be over-emphasised that judicial pronouncements should be couched in restrained language and that hard and bitter words do not cut any bone. 12. In conclusion, the appeal fails and is dismissed.