ARIJIT BANERJEE,J. - (1.) This is an appeal against the Judgment and order of conviction and sentence dated 5th October, 2007 and 6th October, 2007 passed by the Learned Additional District and Sessions Judge, Jangipur, Murshidabad in Sessions Trial No.4 (September)/2003 in Sessions Serial no.131/2003 convicting the appellant under Sections 302 and 326 of the Indian Penal Code (in short 'IPC'). The appellant was sentenced to life imprisonment and to pay a fine of Rs.5,000/-, in default rigorous imprisonment for one year, for the offence punishable under Section 302 of IPC. He was also sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/-, in default rigorous imprisonment for three months, for the offence punishable under Section 326 of IPC. The sentences were directed to run concurrently.
(2.) The prosecution case as appears from the written complaint lodged by P.W.1 and from the prosecution's evidence on record, is that the appellant and P.W.1, who are brothers, participated in a Salish (conciliatory meeting) that was held in the house of P.W.1 on 16.02.2003 at about 7 p.m. The issue was to settle a dispute regarding purchase of a portion of the appellant's homestead by P.W.1. It had earlier been agreed that P.W.1 would purchase a portion of the appellant's house for Rs.13,000/- which was to be paid within a month. However, such payment was not made within the stipulated period. Hence, the appellant refused to sell portion of his property to P.W.1. A quarrel started regarding this between the appellant and P.W.1 and their respective wives. At about 8:00 p.m. the appellant left the meeting. P.W.1 also went out from the meeting to bring some papers. The wife of P.W.1, i.e., Tanuja, was standing on the veranda of her house with her child of about two and a half years in her lap. The appellant then came back and threw a bomb at Tanuja. She sustained severe injuries and died on the spot. The son of P.W.1 who was in his mother's lap also sustained injuries. The mother of P.W.1 and the appellant sustained severe injury to her eyes.
(3.) P.W.1 lodged a written complaint with the police on 17th February, 2003 at 00:35 hrs. On the basis of the written complaint, Samserganj P.S. Case No.21 of 2003 dated 17th February, 2003 under Sections 302/326 of IPC read with Sections 3 and 4 of Explosive Substances Act, 1908 was started against the appellant. This culminated in a charge-sheet charging the appellant of the aforesaid offences. The contents of the charge-sheet were read over to the appellant to which he pleaded not guilty and claimed to be tried. Hence, the trial.;