JAYANTA KUMAR BISWAS, J. - (1.) THE appellant is aggrieved by a judgement of the Additional Sessions Judge, 1st Court, Barasat, North 24 -Parganas dated August 16, 2008 in Sessions Trial No.1(7) of 2003 convicting him of an offence under s.302 IPC, and an order of the judge dated August 18, 2008 sentencing him.
(2.) THE sentencing part of the order dated August 18, 2008 is quoted below: - '' ... that the accd. Joynal Mirdha is convicted U/S 235(2) Cr.P.C. for the guilty of offence U/S 302 of the Indian Penal Code and shall undergo imprisonment for life and shall also pay a fine of Rs.10,000/ -, in default to suffer R.I. for another two years. If the amount of fine is realised, the same may be given to Smt. Polly Mondal (PW -2) by way of compensation. '' The FIR No.242 of 2000 was registered at Rajarhat police station in Barasat sub -division of the district North -24 Parganas on November 12, 2000 at 10.05 p.m. It was registered under s.325 IPC on receipt of a written information from one Biren Kumar Mondal dated November 12, 2000 addressed to the officer in charge of the police station, and the appellant was named as the sole accused. In his written information Biren stated as follows. On November 12, 2000, like other days, his elder brother Manik was on morning walk. When Manik reached the Ajadnagar metalled road, the appellant and two other unknown persons hit Manik on his head with wooden spade handle. Two -three passers -by brought injured Manik home in a private car. Manik was taken to Primary Health Centre, then to RGKar Hospital and then to PG Hospital. Manik was working in Gitashree Cinema Hall and did not permit the appellant producing a pass to watch a just released movie on November 10, 2000. For that grudge the appellant getting Manik alone attacked him. Manik was fighting for his life.
(3.) CONSIDERING a report of the investigating officer dated November 13, 2000 that Manik died on the night of November 12, 2000, the magistrate passed an order dated November 18, 2000 allowing addition of s.304 IPC. The appellant surrendered before the magistrate on January 3, 2001. The court of session granted him bail on April 4, 2001. The officer submitted a charge -sheet dated April 5, 2001 against the appellant under ss.325/304 IPC on April 16, 2001. The court of session took cognizance on April 24, 2002 and framed charge under s.302 on July 3, 2003. The appellant pleaded not guilty and claimed to be tried. Between December 17, 2007 and July 16, 2008 the judge took down evidence of the following prosecution witnesses: - PW1 -Biren Mondal, the de facto complainant; PW2 -Polly Mondal, Manik 's wife; PW3 -Swapan Mondal, a brother of Manik; PW4 -Somnath Mondal, a nephew of Manik; PW5 -Bablu Sardar, one passer -by taking injured Manik home from the scene of the crime; PW6 -Atiar Mondal, the other passer -by taking injured Manik home; PW7 -the doctor doing the post -mortem on Manik; and PW8 -the investigating officer.;