STATE OF WEST BENGAL Vs. NIKHIL CHANDRA MONDAL

JUDGEMENT

(1.) THIS Government Appeal is directed against a judgment and order dated 31st March, 1987, passed by the learned Additional Sessions judge, 4th Court, Burdwan, acquitting the respondent, Nikhil Chandra Mondal, of the charge under Section 302 of the Indian Penal Code.

(2.) MS. Minoti Gomes, learned counsel, appearing in support of the appeal, for the state, submitted that the judgment is perverse and the reasoning adopted by the learned trial Judge in recording the order of acquittal is based on incorrect appreciation of the evidence on the record and is clearly wrong. She took us through the evidence both oral and documentary and submitted that the judgment should be reversed and the respondent, Nikhil Chandra Mondal, should be adequately punished for the murder of his wife who at the relevant point of time was also pregnant.

(3.) MR. Ashis Chakraborty, learned counsel, appearing for the respondent, disputed the submission of Ms. Gomes. He submitted that the Chowkidar, who at first noticed the dead body, was not cited as a witness. He relied on a judgment of the Supreme court reported in AIR 1983 SC 360 : (1983 cri LJ 692 (2)) and submitted that mere recovery of the offending weapon was not enough to find the accused guilty. He also submitted that in an appeal against an order of acquittal, the judgment cannot be lightly interfered with. He, therefore, invited this Court to dismiss this appeal.