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PETITIONER: SASHI MOHAN DEBNATH AND OTHERS
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 19/11/1957
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER BHAGWATI, NATWARLAL H. SINHA, BHUVNESHWAR P. KAPUR, J.L. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 194 1958 SCR 962
ACT: Sessions Trial-Reference-Judge agreeing with jury’s verdict of non-guilty on some of the charges but in disagreement with the verdict of guilty in respect of others-If must refer the whole case against the accused-Recording of judgment of acquittal in agreement with the jury’s verdict- Legality-High Court, if can act on a Partial reference-Code of Criminal Procedure (Act V of 1898), ss. 307, 306.
HEADNOTE: Sections 306 and 307 of the Code of Criminal Procedure, read together clearly indicate that where the Sessions judge disagrees with the verdict of the jury and is of the opinion that the case should be submitted to the High Court, he must submit the whole case against the accused, not a part of it. If the jury returns a verdict of guilty in respect of some charges and notguilty in 961 respect of others he cannot record his judgment of acquittal in respect of the latter charges in agreement with the jury in contravention of the mandatory provision Of s. 307(2)...