CHAKRABARTI, LAHIRI
SUPDT. AND REMEMBRANCER OF LEGAL AFFAIRS TO THE GOVT. OF WEST BENGAL – Appellant
Versus
ANWAR ALI SARKAR – Respondent
( 1 ) THIS is an application by the State Government under Article 134 (1) (c) of the Constitution of India for leave to appeal to the Supreme Court against certain orders of acquittal passed by this Court in an appeal. The acquittals complained of fall into two classes. In certain cases, the accused concerned has been acquitted of certain of the charges of which he had been convicted by the trial court, while his conviction under certain other charges has been maintained. In the case of one accused, however, he has been acquitted altogether. The State Government desires to appeal not only from the order of the complete acquittal, but also from the orders of what I may call, partial acquittals. They have asked for the re-arrest of three persons, of whom one is the accused who has been acquitted altogether. The two others are persons in whose case the convictions of a more serious offence and the higher sentence passed for them have been set aside, while convictions under a less serious offence and the sentence passed therefor have been maintained, but the shorter sentence having already been served, they also have been set at liberty.
( 2 ) IN disposing of the
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