LAWS(CAL)-1954-8-9

SASHI MOHAN DEBNATH Vs. STATE

Decided On August 20, 1954
SASHI MOHAN DEBNATH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an application under Article 134(1)(c) of the Constitution of India for leave to appeal to the Supreme Court against a judgment and an order of a Division Bench of this Court by which a Reference under Section 307, Criminal P. C., was disposed of.

(2.) There were eight accused persons, all of whom were charged under Section 304, read with Section 149, Penal Code, and four of whom were further charged under Section 201 of the same Code. They were tried by the Additional Sessions Judge of the 24-Par-ganas with the aid of a jury. The jury returned a unanimous verdict of not guilty under Section 304, read with Section 149, Penal Code, in respect of all the accused persons, but they found the same persons guilty under Section 147 and further found the charge under Section 201 proved against those who had been charged under that section. The learned Judge was not prepared to accept the verdict, in so far as it was a verdict of guilty and decided to make a Reference to this Court which he ultimately did. Nevertheless, in complete disregard of Sub-section (2) of Section 307, he acquitted the accused persons of the carge under Section 304, read with Section 149, Penal Code. What he purported to refer, therefore, was not 'the case', as contemplated by Section 307, but a portion of the case.

(3.) It appears that when the Reference came to be heard, the irregularity was noticed, but the learned Judges of the Division Bench merely observed that the trial Judge ought not to have acquitted the accused in respect of the charge under Section 304, read with Section 149 of the Code. At the same time, the learned Judges held that as the trial Judge had accepted the verdict under Section 304, read with Section 149, and acquitted the accused of the charge under those sections, they could not consider that charge again.