NIKHIL CHANDRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal challenges the judgment and order dtd. 15/12/2008 passed by the High Court at Calcutta in Government Appeal No. 38 of 1987, thereby reversing the judgment and order dtd. 31/3/1987 passed by the Additional Sessions Judge, 4th Court, Burdwan (hereinafter referred to as 'the trial court'), vide which the trial court had acquitted the appellant for the charge under Sec. 302 of the Indian Penal Code, 1860 (for short, 'IPC'). Vide the impugned judgment and order, the Division Bench of the High Court convicted the appellant for the offence punishable under Sec. 302 of the IPC and sentenced him to undergo imprisonment for life and a fine of Rs.2,000.00 and in default of payment of fine, to undergo further imprisonment for a period of six months.

(2.) The prosecution case, in brief, as could be gathered from the material placed on record is thus:

(3.) Upon completion of the investigation, a charge-sheet came to be filed before the Chief Judicial Magistrate, Burdwan under Sec. 302 of the IPC against the appellant. The case was committed to the Court of Sessions. The appellant pleaded not guilty and claimed to be tried. At the conclusion of the trial, the trial court vide judgment and order dtd. 31/3/1987 acquitted the appellant from the charges levelled against him. Being aggrieved thereby, the State preferred an appeal before the High Court. By the impugned judgment and order, the High Court allowed the appeal and convicted and sentenced the appellant as aforesaid. Hence, the present appeal.