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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 4898 /2024 [@ SLP (CRL.) NO. 6049/2018]
SAMSUL HAQUE LASKAR & ORS. Appellant(s)
VERSUS
THE STATE OF ASSAM & ANR. Respondent(s)
O R D E R
Leave granted.
The application for dropping of proceedings in
relation to the appellant Nos.5 and 10 is allowed.
The appeal stands abated as against appellant
Nos.5 and 10.
The appellants are the accused having been
charged under Sections 341, 323, 302 read with
Section 34 of the Indian Penal Code, 1860.
The Trial Court, after the completion of the
trial, was pleased to hold that the charges framed
against the appellants were not proved beyond
reasonable doubt.
Aggrieved, the complainant filed an appeal.
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After noting that many of the witnesses have
turned hostile, the High Court was pleased to remand
the matter to the Trial Court for fresh consideration
from the stage of arguments.
Though the power of remand is very well
available to the Appellate Court, the same has to be
used sparingly. Contrary to the settled position of
law, the High Court has chosen to remand the matter
to the Trial Court and that too to hear the matter
from the stage of arguments.
The High Court could have preferred this
exercise, as the Appellate Court has the power to re-
appreciate the evidence. Such a power can be
exercised...