MD.MUMTAZ KHAN,J. - (1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction and sentence dated 19.12.2000 and 20.12.2000 respectively passed by the learned Additional Sessions Judge, Darjeeling, in Sessions Case No. 14 of 1999. By virtue of the impugned judgment and order learned Additional Sessions Judge, Darjeeling convicted the appellant under Section 302 I.P.C. for having committed the murder of his father and awarded him sentence to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for further period of six months and in the event of realisation of fine, 75% of the same shall be paid to the widow of the deceased, Krishna Bahadur Gurung.
(2.) The prosecution case, in brief, is as follows:- On June 13th, 1998 at 20.15 hrs. P.W.7 lodged a written complaint at the Rangli Rangliot P.S., district Darjeeling stating therein that on that day at 15.30 hrs. his brother-in-law, Krishna Bahadur Gurung viz; the victim was hit by his son/appellant by an axe at his house at lower Lamahata Busti causing his death on the spot and the said incident was reported to him by one of the neighbour and appellant's mother.
(3.) On receipt of that complaint a case being Rangli Rangliot P.S. case No. 11/98 dated 13.06.98 under Section 302 I.P.C. was started against the appellant by P.W.10 and investigation ensued and thereafter on completion of investigation he submitted charge sheet under Section 302 I.P.C. against the appellant. Charge was framed on September 10th, 1999 against the appellant under Section 302 I.P.C. and trial commenced after the appellant pleaded guilty to the charge. Prosecution examined 10 witnesses including appellant's mother, maternal uncle, younger brother, wife besides the doctor who conducted post mortem examination, Judicial Magistrate who recorded the statement under Section 164 Cr.P.C. of the complainant, the constable who took the dead body for post postmortem examination and in whose presence inquest was made and the I.O. and also produced and proved the complaint, formal FIR, rough sketch map with index of the P.O., statement recorded under Section 164 Cr.P.C., seizure lists, inquest report, postmortem report, FSL report, etc. which were marked Exbts. 1 to 10 and in addition to that one axe, blood stained earth, control earth, polythene bag and wearing apparels of the deceased which were marked Mat. Exbts. I to VI. Thereafter on completion of trial and after examination of the appellant under Section 313 Cr.P.C. Ld. Court below found the appellant guilty of the offence under Section 302 I.P.C. and accordingly convicted and sentenced him to suffer imprisonment for life and to pay fine of Rs. 5,000/- in default to suffer rigorous imprisonment for further period of six months.;