SUBHRO KAMAL MUKHERJEE, J. - (1.) ONE Bodor Mal was the victim in the instant case. He used to work in a stone quarry. He used to go to the quarry at 7 -00 a.m. and come back to his home at night. While returning home, the victim used to go to the house of Dhanbiti Besra, the mother of the accused, for drinking.
(2.) ON January 22, 2004, the victim left his home for work, but did not return home at night. On the following day morning, local people found the dead body of the victim in a playground of the village Bartala. There were bloodstained injuries on the head, throat and penis of the victim. The local people noticed blood spots on the village path in between the playground and the house of Dhanbiti Besra. Consequently, a complaint was lodged with Murarai police station on January 23, 2004, on the basis of which, Murarai Polilce Station Case No. 8 of 2004 dated January 23, 2004 was started under Sections 302/201/34 of the Indian Penal Code. After arrest of the accused/appellant, namely, Raghu Besra, the offending weapon was recovered at the instance of the accused. The case is based on circumstantial evidence. We, however, find that the chain is complete.
(3.) THE victim used to go to the house of the mother of the accused for drinking. It was found during the trial, particularly, from the evidence of the prosecution 's witness no. 5, namely, Binoy Kumar Ghosh, that there was a quarrel between Bodor Mal and Raghu Besra in the house of Raghu Besra regarding mixing of water in the wine. Therefore, the motive was established.;