Debasish Kar Gupta, J. - (1.) THIS appeal is directed against the judgment and order of conviction dated December 17, 2013 and sentence dated December 18, 2013 passed by the Ld. Additional Sessions Judge, Fast Track Court, Siliguri, District -Darjeeling in Sessions Case No. 10(1)2012, corresponding to Sessions Trial No. 10/2012. By virtue of the impugned judgment the appellant was found guilty of the offence punishable under Section 302 of I.P.C. and accordingly convicted thereunder imposing sentence to suffer rigorous imprisonment for life as also to pay fine of Rs. 2,000/ - (Rupees Two thousand only) and in default to suffer further rigorous imprisonment for 6 (six) months. The appellant was in custody and the period of detention which he had undergone during investigation, enquiry and trial was directed to be set off in accordance with the provisions of Section 428 Cr.P.C. against the term of substantive sentence.
(2.) THE prosecution case in a nutshell was as under: - "On July 4/5, 2011 at about 12.00 a.m. (night) the appellant came in front of the house of the complainant Smt. Gita Sarkar and asked her husband to come out of the house. The husband of the complainant Dilip Sarkar, since deceased, woke up from sleep and asked the appellant to come on the next day morning. The appellant insisted upon holding a discussion with the deceased at that point of time. The deceased came out of his residence and the appellant drove him to a metallic road at some distance from the house. One Hari Mondal, P.W. 4, a neighbour of the deceased, came out of his residence upon hearing the shouting of the appellant. At that point of time the complainant and P.W. 4 the aforesaid Hari Mondal were at a distance of about 15/20 feet from the alleged place of occurrence of the incident. The complainant and her neighbours namely, the aforesaid P.W. 4 and Uttam Mallick, P.W. 3, rushed to the spot. The deceased fell down and told them that the appellant had stabbed him. Attempt was made to apprehend the appellant but he fled away." Thereafter the complainant took her husband to Batasi Hospital with the help of the neighbours. The doctor of the above hospital referred the matter to North Bengal Medical College & Hospital. According to the complainant, her husband breathed his last on the way to hospital and he was declared dead by the doctor of North Bengal Medical College & Hospital.
(3.) A letter of complaint dated July 5, 2011 of the aforesaid complainant was treated as First Information Report bearing F.I.R. No. 63/11 dated July 5, 2011, in respect of Kharibari P.S. Case for the year 2011 for initiating a proceeding under Section 302 of I.P.C. against the appellant. Investigation report dated July 5, 2011 under the provisions of Section 174 of Cr.P.C. was prepared by P.W. 6. Post mortem over the body of the deceased was done by P.W. 5, who was and Assistant Professor of North Bengal Medical College & Hospital. Post mortem report was prepared by the P.W. 5. A charge -sheet No. 74/11 dated September 22, 2011 was filed in the above case against the appellant under Section 302 of the I.P.C.;