Sengupta, J. - (1.) This appeal is preferred against the judgment and order of conviction and sentence dated 22nd December, 2000 passed by the learned Additional Sessions Judge, 3rd Court at Alipore in Sessions Trial No. 4(3)/2000 (Sessions Case No. 5(11) 99) thereby convicting the accused appellant under Section 302 of the Indian Penal Code and Sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer R.I. for a further period of one year.
(2.) The prosecution case, in short, is that on 20.4.96 at about 10.20 P.M. the defacto-complainant (P.W. 13) was taking his meal along with his father Ramgati Shaw, his uncle and Rajendra Shaw (appellant). His father Ramgati and accused Rajendra were sitting opposite to each other and were having their meal and at that time all of a sudden a quarrel started in between the father of the informant and accused Rajendra Shaw. In the midst of such quarrel accused Rajendra brought out one wooden rod and gave a blow on the head of the victim causing serious injury on his head. The victim fell down and became senseless. The accused filed away from the spot immediately after the incident. Victim Ramgati was taken to Sishumangal Hospital, from where he was taken to S.S.K.M. Hospital and finally to National Medical College & Hospital, where he succumbed to his injuries on 23.4.94.
(3.) On the basis of the complaint lodged by the son of the victim (P.W.13) a case was registered with Tollygunge Police Station under Section 307 I.P.C. and on completion of investigation charge-sheet was submitted under Section 304 I.P.C. The learned trial Judge after considering the materials placed before him, framed charge under Section 302 of the Indian Penal Code.;