- (1.) THIS appeal by the appellant is against a judgment and order dated 16th April, 1996 passed by the Additional Sessions Judge, Uttar Dinajpur, holding the accused appellant guilty of offence under Section 302 of the Indian Penal Code for causing murder of one Dipu Roy, hereinafter referred to as the victim, and sentencing him inter alia to suffer rigorous imprisonment for life.
(2.) IT is the case of the prosecution that on the night of 4th March, 1991 at about 22/22:30 Hrs, the accused appellant committed murder of the victim by cutting his throat with a razor, and thereby committed offence punishable under Section 302 of the Indian Penal Code. The dead body of the victim was found in the courtyard of the house of the accused appellant.
(3.) IN course of trial about 12 witnesses were examined on behalf of the prosecution. There was no eyewitness to the incident. The accused appellant was the only defence witness. The accused appellant was also examined under Section 313 of the Criminal Procedure Code. The evidence on record reveals that there was an illicit relationship between the victim and the wife of the accused appellant. On the day of the crime, the victim went to the house of the accused appellant to meet the wife of the accused appellant, when the accused appellant was not at home. All of a sudden the accused appellant returned and there was a scuffle between the victim and the accused appellant, which was neither pre -planned nor premeditated.;