SANKAR ACHARYYA,J. - (1.) This appeal is directed against the judgment dated 15.9.2009 with order of conviction under Section 302, Indian Penal Code (in short I.P.C.) and sentence of rigorous imprisonment for life and to pay a fine of Rs. 3000/- and in default of payment of fine simple imprisonment for three months further. Said impugned judgment has been delivered by learned Additional Sessions Judge, 4th Fast Track Court, Malda in Sessions Case No. 376/07 corresponding to Sessions Trial No. 8/08.
(2.) The Trial Court framed charge under Section 302, Indian Penal Code (in short I.P.C.) against accused Md. Mortuja alias Dulal Momin charging him that he committed murder to Md. Ibrahim Sk on 31.8.2007 at about 7:30 p.m. at Kaliachawk Chowringhee Road beside New Bharat Bastralaya within P.S. Kaliachawk, District Malda.
(3.) During trial, the respondent state as prosecution examined as many as 18 witnesses namely Inspector Sagore Chandra Saha as PW 1, de facto complaint Md. Khurshed Ali as PW 2, Md. Hasimuddin (brother of PW 2) as PW 3, Md. Araul Islam as PW 4, Montu Sk as PW 5, Abul Sk as PW 6, Jamu Sk as PW 7, Jahangir Alam (son of PW 2) as PW 8, Md. Zulmat Hossain (son in law of PW 2) as PW 9, Samim Rehana (wife of PW 9) as PW 10, Mohalin Sk as PW 11, Md. Abdul Quddus (nephew of PW 2) as PW 12, Manjur Momin as PW 13, Dr. Debnath Sarkar (autopsy surgeon) as PW 14, A.S.I. Satyabrata Bhattacharya as PW 15, A.S.I. Haradhan Deb as PW 16, S.I. Debobrata Chakraborty as PW 17 and S.I. Narayan Chandra Das as PW 18.;