ANJALI MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Nimai Mondal and Kanai Ghosh were friends. On January 12, 2000 at about 7 p.m. Kanai called Nimai. They went together to the house of Kanai, however, Nimai did not return. On January 13, 2000 when PW- 1, the wife of Nimai enquired about her husband Kanai told that Nimai had left his house on the previous night at about 9:30 p.m. On January 14, 2000, Anjali lodged a complaint with the Police stating that her husband had gone missing since January 12, 2000. She, also in her complaint, stated that Kanai had called her husband. He left with Kanai on that day and since then he was missing. It was also stated that Kanai took loan from Nimai on account of his son s education. According to Anjali, Kanai possibly killed her husband, so that, he would not have to repay the loan. On January 15, 2000, the Police came with the sniffer dog (Roma). Roma entered the house of Kanai and then went to the nearby well where from the dead body of Nimai was recovered. The Police arrested Kanai and charged him under Section 364/302/201 of the Indian Penal Code. Kanai pleaded his innocence and faced trial. Opposite party No. 2, 3 and 4 were also made accused along with Kanai. The opposite party No. 2, 3 and 4 prayed for their discharge that was disallowed by the learned Magistrate. The prosecution examined seventeen witnesses while defence examined none. Learned Additional Sessions Judge, Fast Track Court by his judgment an order dated September 6, 2005.

(2.) acquitted all the accused and discharged them from the charges. Hence, the application for revision by Anjali.

(3.) Mr. Ghosal, learned Counsel appearing for the petitioner in his usual fairness restricted his arguments on the opposite party No. 1 and did not seriously press his application for the other accused.