BISWANATH GHOSH vs STATE OF WEST BENGAL & ORS.

The Supreme Court held that the High Court's acquittal of the accused under Sections 148 and 302 read with Section 149 of the Indian Penal Code was improper as it failed to follow the mandatory procedure outlined in Section 385 of the Code of Criminal Procedure, 1973. The Court emphasized that an appellate court must have the records before it and review the evidence before making a decision. Consequently, the Supreme Court allowed the appeal, overturning the High Court's decision due to a miscarriage of justice.