1973 (11) TMI 101

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....ight between the 7th and 8th November, 1967. Eight persons including the appellant were put up for trial before the learned Additional District & Sessions Judge, Howrah, for offences of various description arising out of the dacoity. The learned Judge acquitted all the 8 accused, In an appeal by the State the High Court upheld the acquittal of 7 persons but convicted the appellant under Section 41....

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....scovered is open to grave doubt. It is wrong to say that the watch was seized from the appellant because it was one Dr. Harendra Nath Mondal who produced the watch, handed it over to the appellant in the presence of the police and it was thereafter that the police went through the formality of seizing it from the appellant. The seizure list in regard to the watch is attested, apart from Dr. Mondal....

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....e of the Circle Inspector in 'proper perspective' and thereafter the conclusion of the trial court could not be upheld. We find ourselves wholly unable to accept the view of the High Court. 6. The Circle Inspector, at the least, did not bring to bear enough care in the discharge of his functions. The churis which were produced before the court are bronze based but he wrote 'brass&#3....