A.K.Bhattacharya, J. - (1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the Learned Additional Sessions Judge, 1st Court, Jalpaiguri in Sessions Case No. 306 of 1999 on 30.05.2001.
(2.) Shortly put, the prosecution case is that on 26.06.1997 at about 5.30 a.m. when the defacto complainant's sole son Dinesh Chandra Roy, aged about 13 years, being accompanied by his maternal grandmother (P.W. 2) went to the river-bed of river Kumlai to tether cow, all on a sudden accused Amar Chandra Roy appeared there and stabbed him with a knife resulting in his hospitalisation at Jalpaiguri Hospital and therefrom to N.B.M.C&H., Siliguri where he succumbed to injuries on 12.07.1997. Hence, the accused was charged under section 326/304 IPC.
(3.) The defence case, as suggested to P.Ws. and as contended by the accused during his examination under section 313 Cr.PC, is that no such incident took place and he has been falsely implicated in this case.;