JNANENDRA NATH GHOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was sentenced to imprisonment for life under S. 302 by the Sessions Judge of Birbhum who agreed with the majority verdict of the jury that he was guilty. He appealed against his conviction to the Calcutta High Court. That Court being of the opinion that there was no misdirection in the Sessions Judge's charge to the jury dismissed the appeal. Two persons Jagdish Gorain and Sudhir Gorain were also tried along with the appellant but were acquitted by the jury whose verdict the Sessions Judge accepted. The appellant appealed to the High Court for a certificate to appeal to this Court which was refused. The present appeal is by special leave.

(2.) According to the prosecution Sibapada Hati was married to a girl by the name of Lila. About a month previous to the date of occurrence the appellant had made a proposal to her that she should live with him which was rejected. The appellant thought that the removal of Sibapada Hati would clear the way and improve his chance of gaining Lila's favour. Accordingly he murdered Sibapada Hati on 26-5-1955. In that murder he was assisted by Jagdish orain, Sudhir Gorain and the approver Sastipada Ghose:

(3.) The conviction of the appellant depended on the evidence of the approver and the circumstantial evidence which corroborated him in connecting or tending to connect the appellant with the murder of the deceased Sibapada Hati. Unless there was a misdirection or non-direction amounting to a misdirection in the charge to the jury which, in fact, had occasioned a failure of justice the jury's verdict must prevail and it cannot be interfered with. The High Court was of the opinion that there was no misdirection in the Sessions Judge's charge to the jury and we are in agreement with the High Court.