- (1.) This criminal appeal is directed against the judgment and order of conviction under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life with fine of Rs. 3,000/- with default clause passed by the learned Additional Sessions Judge, 3rd Court, Krishnagar, Nadia in connection with Sessions trial No. 1 (XI) 2009 arising out of Sessions Case No. 52(11) 2009. Initially, the appeal has been preferred by the learned advocate Mr. Atish Kumar Biswas on behalf of the appellant, but thereafter Mr. Biswas did not appear and then this Court issued an administrative notice upon the appellant in the correctional home and in response to that notice the appellant made an appeal in writing to this Court through superintendent, DumDum Central Correctional Home to appoint an advocate at free of cost from Government panel to defend him as he is unable to engage a lawyer due to the poverty. Although on the date fixed Mr. Biswas appeared in person and stated that it may be that the appellant will engage him once again, but to expedite the matter and in view of the prayer of the appellant, Mr. S.S. Ali has been engaged by this Court to represent the appellant.
(2.) Heard the learned counsel appearing on behalf of the appellant as well as the learned public prosecutor. Perused the impugned judgment, the deposition of the witnesses examined for the prosecution and other materials on record.
(3.) The background fact of the prosecution case out of which the Criminal Appeal No. 355 of 2010 is arising, in brief, is as follows: On July 10, 2009 at about 4 PM a quarrel took place over the possession of the courtyard of the house of the deceased and the appellant while the deceased Bhagirath Das (younger brother) coming to the house from outside saw his elder brother, the appellant Raj Kumar Das @ Buro preparing a fence covering the common tubewell and during quarrelling the appellant suddenly struck the deceased, the husband of the complainant repeatedly on his chest, throat with a dao in his hand and as a result, the deceased fell on the ground with bleeding injuries and expired. The complainant and her mother-in-law tried to intervene, but in vain, and at that time the wife of the deceased, the complainant herein was pregnant for eight months for which she could not save her husband's life, but causing the death of her husband the appellant fled away from the house.;