EMPEROR Vs. NIBHARESH MANDAL MOHAR MANDAL

JUDGEMENT

(1.) This is a reference under Section 307, Criminal P.C., by the learned Sessions Judge of Murshidabad. In the case before us five persons Nibharesh Mandal, Mohsin Mandal, Saber Shekh, Abed Shekh and Mobed Shekh were tried before the Sessions Judge of Murshidabad and a special jury, for causing the death of a woman named Sushila Dasi.

(2.) The jurors before whom the trial of these accused persons was held returned a unanimous verdict of not guilty. In the Judge's opinion, the verdict of the jurors was unreasonable and against the weight of evidence. The learned Judge considered that in the interest of justice the case should be sent in reference to this Court. The five accused persons named above, it may be noticed, were related to each other. The accused Mohsin Mandal is a brother of Nibharesh Mondal; Saber and Abed are their cousins; Abed is Nibharesh's sister's husband. The accused Nibharesh Mondal was charged with having committed murder on or about the midnight of 5th February 1937, in the village of Dohail, by intentionally causing the death of Sushila Dasi, his former mistress, by causing a deep cut wound on her neck.

(3.) The other four accused persons Mohsin, Saber, Abed and Mobed were charged for abetment of the offence of murder of Sushila Dasi. The charge against them was that on or about the midnight of 5 February 1937 they abetted commitment of a murder of Sushila Dasi, and in consequence of their abetment, the accused Nibharesh Mandal did the murder of the aforesaid Sushila Dasi. (After discussing the evidence bis Lordship had no hesitation in coming to the definite conclusion that the accused persons, were guilty of charges brought against them, and proceeded.) Nibbaresh Mandal is guilty of committing an offence under Section 302, I. P.C.; and the other accused persons are guilty of committing offences under Section 302 read with Section 114, I.P.C.