The Calcutta Weekly Notes. Monday March 20 1939

The most important point from the stanpoint of the rights of the accused was the third. [...] When in an appeal from a sentence of -death at a jury trial it is found that a part of the evidence admitted was inadmisible is the High Court to order a re-trial or may it consider the rest of the evidence and substitute its own verdict for the verdict of the jury? [...] The orthodox procedure has been either to acquit the accused straightway in the view that the balance of the evidence would not justify a re-trial or to direct a re-trial in the view that the accused is etitled to have a verdict from a jury. [...] One of the Judges elaborated the proposition by saying that if the evidence cannot be prperly weighed without seeing and hearing the witnesses and the Court is not in a postion to say whether the facts from which iferences are to be drawn are true or false a re-trial must be ordered; but if it appears to the High Court that from the evidence admissible in law and even without seeing the [...] The suit was filed by the Respondent for the partition of the estate of a joint family of which he claimed to he a member.