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april 1962

Supreme Court of India · 1962-04-12

ACHYUT ADHICARY vs STATE OF WEST BENGAL

Citation / case number
SC 1960/246
Court
Supreme Court of India
Petitioner
ACHYUT ADHICARY
Respondent
STATE OF WEST BENGAL
Author
L. KAPUR
Bench
J.L. KAPUR

Judgment text excerpt

The Supreme Court held that the certificate granted under Article 134(1)(c) by the High Court was improper as the grounds of unusual delay in judgment and failure to address factual questions did not constitute a fit case for appeal. The Court emphasized that the Supreme Court should not act as a court of appeal on facts, reiterating that the High Court's role in evaluating evidence in an appeal against acquittal is limited. The appeal was dismissed, affirming the High Court's decision to convict the appellant under Section 302 IPC.

ACHYUT ADHICARY vs STATE OF WEST BENGAL · Niyam