STATE OF WEST BENGAL Vs. KHOSBER KAJI

JUDGEMENT

(1.) In a Mid Summer Evening of June 21st, 2004, the otherwise unobtrusive and the quiet hamlet of Baruipara in the District of Nadia and a less traversed brick laid pathway riveted the entire neighbourhood upon discovery of the mortal remains of Arshed Ali Mondal @ Lalu, who was found with injuries as noticed by the Autopsy Surgeon, P.W.20, Dr. Ajit Kr. Biswas, Medical Officer attached to Nadia District Hospital.

(2.) Fastened with the imPlication of the said murder of Lalu, the Present resPondents were Placed in the array of accused Persons in Sessions Trial No. 1 (June), 2005 to answer the following Charge: First-That you, on or about the 21st day of June, 2004at BariPur near the house of Suklal Sk. under P.S. Tehatta in furtherance of common intention did commit murder intentionally causing the death of Arsed @ Lalu Mondal and thereby committed an offence Punishable under Section 302 read with 34 of the Indian Penal Code, and within my cognizance,"

(3.) There are some well-settled parameters guiding the field of Appeal against acquittal by virtue of several pronouncement of the Apex Court and the various High Courts. Very recently, the Supreme Court in M. C. All and Anr. v. State of Kerala, 2010 2 CalCriLR 220 has fructified the position in Paragraph 44 of the said decision wherein it was held :