D.P. Sengupta, J. - (1.) The present appeal was preferred against the Judgment and order of conviction and sentence dated 29.11.99 passed by the learned Additional Sessions Judge, Alipurduar in Sessions Trial No. 18/1998 (Sessions Case No. 4/98) 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. 2,000/-, in default to suffer R.I. for a further period of 6 months.
(2.) Prosecution case, in short, was that on 19.4.96 at about 8.30 P.M. when the victim Juhuri Barla was engaged in cooking food in the Courtyard, her son and daughter, namely Anil Barla and Santi Barla were sitting by her side and were assisting their mother. Accused Noyel Barla, husband of the victim, was in his room. Suddenly accused Noyel Barla came out of his room with a 'jhurni' in his hand, struck victim Juhuri on her neck and fled away. Victim Juhuri Barla fell down on the Courtyard and died instantly. PW 6 Sunil Barla, son of the victim thereafter lodged an information with Jaigaon Police Station and a case was registered under section 302 of the Indian Penal Code against accused Noyel Barla. On completion of investigation chargesheet was submitted and the learned Trial Judge framed charge under section 302 IPC, against the present appellant.
(3.) To bring home the charge against the accused person prosecution examined as many as 9 witnesses, while none was examined on behalf of the defence. The defence was a plea of innocence and false implication. It was the specific defence of the accused that he was not present in the house at the relevant time and as such question of committing murder, as alleged by the prosecution, did not arise.;