STATE OF WEST BENGAL Vs. RAMPADA GHOSH

JUDGEMENT

(1.) THE instant appeal filed by the State is directed against the judgment and order dated 24th Februrary, 1990 passed by learned 3rd court of Additional Sessions Judge, Burdwan in Sessions Case No. 67 of 1988. The learned Trial Court by the impugned judgment acquitted the accused person namely Rampada Ghosh after finding him not guilty of the offence under Section 302 of the Indian Penal Code.

(2.) THE prosecution case was that on 18th January, 1979 corresponding to 4th magh, 1385 B. S. the accused murdered Smt. Saraswati Banerjee @ ghosh @ Anjali Ghosh @ Mona and thereby committed an offence under Section 302 of Indian Penal Code.

(3.) THE accused pleaded not guilty to the said charge which was framed on 31st January, 1989 and claimed to be tried. Prosecution in order to establish the guilt of the accused person examined as many as 16 witnesses. Of them, P. W. 1 is the de facto-complainant and brother of the victim, since deceased. P. W. 7 is his mother. P. W. 2, 3, 4 and 5 are all local witnesses. P. W. 6 is Rickshaw owner who took the victim to the hospital. P. W. 8, 9, 10, 11,12, 13, 14 and P. W. 15 are all police witnesses. P. W. 16 is the Doctor who held post-mortem examination over the dead body of the victim.