(1.) The State of West Bengal has filed this Government Appeal, which is directed against the judgment & order of acquittal dated 06.12.1988 passed by the learned Assistant Sessions Judge, Malda in Sessions Trial No. 36 of 1988.
(2.) The learned Assistant Sessions Judge, Malda (hereinafter referred to as the learned Trial Court) acquitted the sole respondent from the charge framed against him in respect of section 304 of the Indian Penal Code. Hence this Appeal.
(3.) On the basis of a chargesheet submitted against the sole respondent, he was arrayed in Sessions Trial No. 36 of 1988 to answer the following Charge: