- (1.) The State of West Bengal has filed this Government Appeal, which is directed against the judgment & order of acquittal dated 06.12.1988 passed by the learned Assistant Sessions Judge, Malda in Sessions Trial No. 36 of 1988.
(2.) The learned Assistant Sessions Judge, Malda (hereinafter referred to as the learned Trial Court) acquitted the sole respondent from the charge framed against him in respect of section 304 of the Indian Penal Code. Hence this Appeal. Since as usual, none appeared on behalf of the State-appellant, we requested Shri Biplab Mitra, Senior Panel Lawyer to appear for the State and argue the Appeal, as this is a very old Matter. Although, the Respondent had entered appearance, none chose to represent his case. Since he cannot go unrepresented, more so this being an Order of acquittal, we requested Shri Soubhik Mitter to officiate as Amicus Curiae and assist us in disposing of the appeal.
(3.) On the basis of a chargesheet submitted against the sole respondent, he was arrayed in Sessions Trial No. 36 of 1988 to answer the following Charge: "That you on or about the 18th day of August, 1985, at about 22.30n hrs. at Gangabag under E.B.P.S. committed culpable homicide not amounting to murder, causing the death of Baneswar Mondal, and thereby committed an offence punishable under section 304 of the Indian Penal Code and within my cognizance." Since he pleaded not guilty, he was placed on Trial and the prosecution in order to prove its case, examined as many as fourteen witnesses. It would be profitable for the purpose of proper decision to set out the various segments of the witnesses relied upon by the prosecution.;