CHARUA MUNDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 8th October, 2004 by which the learned Additional Sessions Judge, Fast Track Court, Alipurduar in Sessions Trial no. 31 of 2004 connected with Sessions Case no. 76 of 2004 ( State Vs. Charua Munda ) convicted the sole accused of an offence punishable under Section 304 of the Indian Penal Code and sentenced him to imprisonment for life as also to pay a sum of Rs. 5,000/- by way of fine, in default to undergo further imprisonment for a year. The reasoning adopted by the learned Trial Court for the purpose of convicting the accused is as follows :-

(2.) Mr. Kallol Mondal, learned Counsel appearing for the appellant, engaged by the Court, submitted that there is absolutely no evidence on the basis of which the appellant could have been convicted of the offence punishable under Section 304 I.P.C.

(3.) Mr. Sanyal assisted by Mr. Dey appearing for the state submitted that this Court has to reassess the evidence, although he did not dispute the fact that there is no evidence on the record to establish that the deceased was last seen with the accused at any material point of time. We, therefore, propose to look into the evidence adduced by the prosecution.