Indira Banerjee, J. - (1.) THIS appeal is against a judgment and order dated 29th September, 2010 passed by the Additional District and Sessions Judge, Fast Track, Court -1, Amta, Howrah in Sessions Trial No. 34/09 arising out of Amta P.S Case No. 47/05 whereby the appellant has been held guilty and convicted of offence under Section 302 of the Indian Penal Code and an order of sentence dated 30th September, 2010 whereby the appellant has been sentenced to imprisonment for life and to fine of Rs. 10,000/ - in default whereof he is to suffer rigorous imprisonment for one year more.
(2.) ON the basis of a First Information Report filed by one Shri Dilip Ghosh, resident of Amta Neogi Para, Amta Police Station Case No. 47/05 dated 24th May, 2005 was started. The contents of the FIR are set out hereinbelow for convenience: "It is to inform you today on 24/05/2005 at 10 am that after returning at my locality from my duty at 9:30 am, I got to know as I and other people of our locality were told by our neighbor Shamal Chatterjee of Amta Niogi Para, that Shamal's elder sister Mita Rao aged 42 years, w/o late Sattam Rao, was laid blooded on the floor of her bed room. Then I entered her room and saw that she was laying dead in her room and there was a deep blooded injury mark on her head. One or more than one killed her striking her head with a sharp weapon. Therefore, I request you to take necessary action and to investigate the incident and oblige." The case was started as an unnatural death case. After the investigation, however, a charge sheet was issued charging the appellant with murder of his sister, Mita Rao, aged about 42 years with a 'katari' in her own bedroom in the house where the appellant and the deceased resided, along with other members of the family.
(3.) THE 1st Prosecution Witness, Dilip Ghosh, who lodged the FIR, stated in his evidence that, the appellant had told him that his sister, Mita Rao was lying dead in a pool of blood in her own bed room in the house of the appellant. On hearing this, this witness went to the house of the appellant and found that Police had already reached there and Mita Rao was lying dead in a pool of blood. This deponent stated that he could not say who had murdered Mita Rao, but added that he had later come to know that the appellant had murdered his sister.;