BISWANATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) The short question involved in this appeal is whether the High Court was justified in allowing the appeal preferred by the accused persons against their conviction under S. 148 and S. 302 read with S. 149 of the Indian Penal Code, 1860 without having the records of the Court of Session before and without perusal of the evidence adduced by the prosecution.

(3.) Normally, this Court, as a matter of practice, is reluctant to interfere with an order of acquittal recorded by the High Court at the instance of a private complainant, but the circumstances of the case are such that there is no other alternative for us but to interfere. We wish to mention that earlier the Court had in Special Leave Petition (Crl.) No. 2025/84 dated 15-10-1984 allowed the petitioner-complainant to withdraw the petition to move the High Court for review. The petitioner on 5-12-1984 filed an application for review but the High Court dismissed the same by its order dated 8-2-1985 on the ground that it had no power to review its judgment under the Code of Criminal Procedure, 1973. The complainant has accordingly applied for special leave. The application is much belated but we have no other alternative but to interfere.