Basu, J. - (1.) Appellant Serajul Sk. from jail has preferred this appeal challenging his conviction under Section 302/34 and also the sentence thereunder which has been life imprisonment and also to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for two years.
(2.) The learned Sessions Judge Birbhum, while disposing of Sessions Trial No. 2 of June 2000 corresponding to Sessions Case Mo. 27 of 2000 convicted the appellant under Section 302 of the I.P.C. and passed the above sentence.
(3.) The prosecution case was that on 9th December, 1998 the appellant disclosing his identity as one Gopal Dutta came to Nagen Baba's Ashram at Tarapith along with one Bandana Dutta, Jahanara Bibi and deceased Ansar and booked room Nos. 9 and 10 at the first floor of the said ashram for three days from 9th December to 11th December, 1998. On 11th December, 1998 manager of the ashram enquired about boarders of room Nos. 9 and 10 and at that point of time, the manager noticed both the rooms closed and pushing the door of the room No. 9, he found that a part of a body of a man under the bed of the cot and soon thereafter he informed the local police camp at Tarapith and in presence of police and other people, the lock of the room was broken and a dead body of a male person was noticed in the room.;