STATE OF WEST BENGAL Vs. BUDDHU MONDAL

JUDGEMENT

(1.) This is a Government Appeal filed on behalf of the State of West Bengal under section 378 of the Code of Criminal Procedure and is directed against the judgment and order of acquittal passed by Sri D.K. Roy, the learned Assistant Sessions Judge, Malda in Sessions Trial No. 38 of 1988. By the impugned judgment and order under appeal, the learned Assistant Sessions Judge on 14.10.88 in Sessions Trial No. 38 of 1988 recorded an order of acquittal in favour of the Respondent, Buddhu Mondal, in respect of the charge of section 304 of the Indian Penal Code. Being dissatisfied with and aggrieved by the judgment and order of acquittal passed by the learned Assistant Sessions Judge, State has preferred this Appeal being G.A. No. 32 of 1989.

(2.) A Division Bench of this Court on 28.08.1989 granted leave to the State of West Bengal to prefer an appeal against such order of acquittal consequently, when the Appeal was admitted by the same Division Bench on 6.11.1989 an order of rear rest and release on fresh bail was directed in respect of the said accused/respondent.

(3.) Since none appeared on behalf of either the State or the respondent, we requested Sri Subir Ganguly, the learned Panel Lawyer, to act as State Defence and sought the assistance of a young member of the Bar, Ms. Archita Sen, to assist us as amicus curiae. With their assistance we have considered the materials and evidence-on-record and proceeded to dispose of the Appeal accordingly.