STATE OF WEST BENGAL Vs. ANSAR SHEIKH

JUDGEMENT

(1.) Leave Granted.

(2.) These appeals are directed against the impugned judgment of Calcutta Hit Court by which two criminal appeals stood disposed of and the High Court, after setting aside the conviction under section 302 IPC and award of death sentence, remitted the matter to the trial judge for de novo trial, on a finding that the trial judge has committed serious error in not mentioning the time and place of occurrence in the charge framed.

(3.) Learned additional solicitor general contended before us that the conclusion on the High Court is erroneous both in law and also on facts. According to him, factual the charge indicates more or less with precision, the date and place when the allege offence was committed and further contends that in view of the law laid down by the Court in Chittaranjan Das v. State of West Bengal (1) , the conclusion of the High Court must be held to be erroneous. He also stated that the accused has never made any grievance with regard to the defect in the charge before the learned sessions judge. The learned counsel for the respondents, on the other hand, contended that in a case where death sentence has been referred to the High Court for confirmation, it should not be treated to be an appeal but in continuation of the trial and, therefore, the appellate court would be justified in looking into the charge framed and find out whether such charge could really prejudice the accused or not.