SHYAMAL SAHA Vs. STATE OF WEST BENGAL
LAWS(SC)-2014-2-45
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on February 24,2014

Shyamal Saha Appellant
VERSUS
STATE OF WEST BENGAL Respondents





Cited Judgements :-

DITUL MEHTA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-10-99] [REFERRED TO]
STATE (GOVT. OF NCT OF DELHI) VS. SURESH KUMAR [LAWS(DLH)-2016-1-178] [REFERRED TO]
RAJENDRA VS. STATE OF U.P. [LAWS(ALL)-2014-11-223] [REFERRED TO]
BHAGMANI DEVI, WIFE OF SURAJ PRASAD SAH @ SURAJ PRAKASH SAH, RESIDENT OF VILLAGE VS. STATE OF BIHAR [LAWS(PAT)-2016-10-72] [REFERRED TO]
STATE OF U.P. VS. OMVIR AND ORS. [LAWS(ALL)-2014-12-241] [REFERRED TO]
NAMANA VENKATA SIVA NARAYANA VS. NAMANA SEETHARAVAMMA [LAWS(APH)-2014-11-120] [REFERRED TO]
RAMESH VITHAL PATIL VS. STATE OF KARNATAKA [LAWS(SC)-2014-3-74] [REFERRED TO]
VARINDER VERMA AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-4-13] [REFERRED TO]
HASSAN ALI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2016-6-8] [REFERRED TO]
ANIL KUMAR @ MITHU & OTHERS VS. STATE [LAWS(DLH)-2016-9-99] [REFERRED TO]
IN REFERENCE; RAVISHANKAR @ BABA VISHWAKARMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2016-12-133] [REFERRED TO]
KUNDAN KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2022-9-55] [REFERRED TO]
PAWAN KUMAR VS. VIKAS RANA AND ORS. [LAWS(DLH)-2016-1-248] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH KANNAD POLICE STATION, KANNAD, DIST A BAD VS. ILLIYAS S/O SK CHAND [LAWS(BOM)-2017-10-116] [REFERRED TO]
ANAND PRAKASH ANDTANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-6-1090] [REFERRED TO]
STATE OF RAJASTHAN VS. VED PRAKASH S/O SHIV CHARAN [LAWS(RAJ)-2017-10-149] [REFERRED TO]
RAJA AND OTHERS VS. STATE OF KARNATAKA [LAWS(SC)-2016-10-23] [REFERRED TO]


JUDGEMENT

- (1.)This appeal questions the limits of interference by the High Court in an appeal against the acquittal of an accused by the Trial Court. In our opinion, the High Court ought not to have interfered in the appeal before it with the acquittal of the appellants by the Trial Court.
Facts:

(2.)The sequence of events, as it has unfolded from the evidence of the witnesses, is that on 19th May, 1995 a thermal plant of the Calcutta Electric Supply Company had opened across the river Ganges in Mauza Bhabanipur Char, District Hooghly, West Bengal.
(3.)Paritosh Saha was with his mother Bidyutprava Saha (PW-5) at about 5.00/5.30 p.m. on 19th May, 1995. Thereafter, he and his nephew Animesh Saha (CW-1) aged about 10 years went for a walk on the banks of the river Ganges where they met Gopal Saha, with whom they struck a conversation. At that time, the appellants Shyamal Saha and Prosanta @ Kalu Kabiraj also came there and called Paritosh to go across the river to see the Char (island). Animesh also expressed his desire to go to the Char but Shyamal asked him to return home.


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