SASHI MOHAN DEBNATH AND OTHERS vs THE STATE OF WEST BENGAL

The Supreme Court held that under Sections 306 and 307 of the Code of Criminal Procedure, a Sessions Judge must refer the entire case to the High Court if he disagrees with the jury's verdict. The Court ruled that the Judge's partial acquittal in agreement with the jury's verdict was invalid, preventing the High Court from considering all evidence against the accused. Consequently, the reference to the High Court was deemed incompetent, and the judgment of the High Court was set aside, with the case rejected due to the long lapse of time and peculiar circumstances.