JAYANTA KUMAR BISWAS, J. - (1.) THE appellant is aggrieved by the judgement of the Additional District & Sessions Judge, Barackpore, North 24 Parganas dated August 21,2008 in ST 3(6)07 convicting him under s.302 IPC and the order of the judge dated August 22, 2008 sentencing him to life imprisonment and imposing Rs.5000 fine, in default to suffer a six -month simple imprisonment.
(2.) THE FIR No.65 was registered under ss.448/325/326/307/34 IPC at Titagarh police station in Barrackpore sub -division of the district North 24 Parganas on March 7, 2007 at 9.25 p.m. The appellant's wife, the victim's daughter, in her written information alleged that because of previous grudge the appellant entered the house of the victim, the appellant's father -in -law, with two other persons, caused injuries on the victim's abdomen, back, cheek, neck with some sharp thing and hit the victim on the head with some heavy thing with a view to killing the victim; and that the grievously hurt victim was in a nursing home. According to the prosecution, the victim died at the SSKM Hospital on March 10, 2007 at 11.45 a.m. The appellant was arrested from his residence on March 10, 2007 at 7.05 p.m. The investigating officer's prayer to add s.302 was allowed on March 11, 2007. The officer prepared a seizure list showing recovery of a knife on March 12, 2007. The charge -sheet dated April 25, 2007 was submitted under ss.448/302 IPC. The additional sessions judge framed charges under ss.449/302 IPC on June 20, 2007. The appellant pleaded not guilty and claimed to be tried.
(3.) BETWEEN July 20, 2007 and May 27, 2008 the prosecution examined the following witnesses:­ PW1­the de facto complainant ( the victim's daughter); PW2­a nursing home doctor; PW3­a son of a predeceased elder brother of the victim; PW4­the victim's wife ( the appellant's mother -in -law); PW5­wife of a predeceased younger brother of the victim; PW6­a relation of the victim by marriage; PWs 7 & 8­two nephews of the victim; PW9­a police constable; PW10­ the nursing home proprietor; PW11­the doctor called in by the nursing home; PWs 12 & 13­two police ASIs; PW14­a witness to the seizure list dated March 12, 2007; PW15­the doctor examining the victim at SSKM Hospital; PW16­the doctor under whose treatment the victim was placed at SSKM Hospital; PW17­the doctor doing the post mortem on the victim; PW18­the investigating officer.;