Amit Talukdar, J. - (1.) This Appeal is directed against the Judgment and Order dated 13.8.2003 passed by the learned Additional Sessions Judge, Third Court, Krishnanagar, Nadia in Sessions Trial No.1 of September, 2001. By the impugned Judgment the sole Appellant was convicted in respect of the Charge of Section 302 of the Indian Penal Code and he was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/-; in default, to suffer further imprisonment for one year.
(2.) Learned Advocate for the Appellant submitted that the impugned Order of conviction passed against the Appellant was liable to be set aside on several grounds. According to the learned Advocate for the Appellant P.W.8 was the only eyewitness of the case; but his evidence was liable to be disbelieved.
(3.) Learned Advocate for the Appellant submitted that the Prosecution Case is on the date of occurrence i.e, 20.4.2001 at about 8-25 p.m. P.W.8 was lying with his wife Ashalata (the deceased) in their bedroom. He submitted that it is in his evidence that while P.W. 8 was listening to the radio his wife was reading 'Panchali' in the light of a Hurricane on the cot and according to him at that point of time P.W.8 saw the Appellant appearing before the window of the room and he pushed his hand inside with a revolver. As such, P.W. 8 shouted by taking the name of the Appellant and then the Appellant fired ; as a result of which his wife died.;