A.K.Basu, J. - (1.) Suresh Mahato being convicted under section 302/201 of the IPC by the learned Additional Sessions Judge, 4th Court, Midnapore in Sessions Trial Case No. XLII (June of 1996) arising out of G.R. Case No. 166 of 1996 corresponding to Kharagpur (town) Case No.22 of 1996 dated 2nd February 1996 preferred this appeal challenging his order of conviction and sentence.
(2.) Ramnath Sinha was the son of one Birjuram Sinha of Gattarpara under Kharagpur (town) P. S. in the District of Midnapore. Ramnath Sinha was an employee of the cement shop of one Suresh Agarwal. On 1st February, 1996 Ramnath had left his house to join his duty and in course of his duty, he had been to the business place of appellant Suresh Mahato who was also a dealer of cement to bring money due to his employer. Ramnath Sinha did not return to his house for the whole day and for this reason a general diary was lodged at the P.S. by his employer.
(3.) As Ramnath Sinha was not traceable on the next day i.e. on 2nd February, 1996 and as on frequent enquiry being made to the appellant, father of Rammath was threatened, the said father ultimately lodged a written complaint at the local P.S.;