EMPEROR Vs. PROFULLA KUMAR MAZUMDAR

JUDGEMENT

(1.) This is a Reference under Section 307 of the Criminal Procedure Code by the Second Additional Sessions Judge of Dacca in a case in which two persons, Manindra Kumar Sen and Profulla Kumar Mazumdar were charged with murder. The name of the man who is alleged to have been murdered was Mukunda Lal Goon, and I do not suppose that any one who has read the evidence in this case, has any doubt that Mukunda Lal Goon was, in fact, murdered. The Jury were unanimous in their verdict which runs as follows: We think Manindra not guilty: but we think there is a doubt in the case of Profulla, and that he should get the benefit of the doubt.

(2.) The learned Judge accepted the unanimous verdict of the Jury that Manindra was not guilty: he found that this accused was not guilty and he directed him to be acquitted and released from custody.

(3.) With regard to Profulla, the learned Judge disagreed with the verdict of the Jury, and referred the case for the decision of the High Court under Section 307 of the Criminal Procedure Code. The Letter of Reference sets out the reasons which actuated the learned Judge to refer this matter to the High Court, and he stated the offence of which be considered Profulla to be guilty, viz., under Section 302/34, of the Indian Penal Code.