Supreme Court · 2004 INSC 670 · Decided 23 November 2004
Satyajit Banerjee and ORS. v. State of West Bengal and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 670 · [2004] SUPP. 6 S.C.R. 294
- Case number
- CRIMINAL APPEAL No. 1331/2004
- Decided
- 23 November 2004
- Bench
- Y.K. SABHARWAL, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 306, 498; CrPC Section 311, 401; Constitution Article 136
Headnote
Penal Code, 1860 ; Ss. 306 and 498/Code of Criminal Procedure, 1973; Ss. 311 and 401 : C Wife committed suicide due to torturing by husband and /n-laws- Trial Court acquitted all the accused holding the evidence not reliable­ High Court directed de novo trial on the ground of lack of evidence, some of the important witnesses/additional witnesses-Correctness of-:Held : High D Court's directions for fresh trial from stage one and in the light of the formula suggested likely to be mistaken by the trial Court as a mandate to record verdict of conviction-The evidence recorded at the initial
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