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Menoka Malik and Others v. The State of West Bengal and Others

Criminal Appeal · 2018 INSC 751Decided 28 Aug 2018
Criminal Appeal No. 1198 of 2006
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar

Background

This order sends the case back; it does not decide the dispute. Five people died and 24 were injured in panchayat election violence in West Bengal in 1993. The trial court acquitted the accused and the Calcutta High Court confirmed that in revision.

Decision Breakdown

This is not a final decision on the dispute. The Court held that the High Court had overlooked material eyewitness and other evidence on charges such as unlawful assembly and house-burning. It set aside the order and sent the revision back to be decided on merits.

Lesson Learnt

A revisional court must examine the material evidence before confirming an acquittal.

Official source (sci.gov.in)View Judgment (PDF)

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