DEBASISH KAR GUPTA, J. - (1.) This appeal is preferred by the appellant against order of conviction dated January 30, 2003 for commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence to suffer life imprisonment as also to pay a fine of Rs.1000/ - in default to suffer simple imprisonment for a further period of two months, passed by the learned Additional District & Sessions Judge, 3rd Court, Midnapore in S.T. No.I/October/2002 arising out of G.R. Case No.1647 of 2001.
(2.) On October 28, 2001, one Bukai @ Gurai Saren (PW 1) of Prembazar Sonamui, Police Station -Kharagpur Local Police Station, District -Paschim Midnapore submitted a written complaint in Kharagpur Local Police Station informing that he had come to know from one of his co -villager Gupia Tudu at about 11.00 hours on the above date that the dead body of his cousin brother namely, Gurai Saren @ Mati was found lying on the land situated at Darkhola in the paddy field of one Smt. Rani Mandi (PW 8). One Rabindranath Murmu (PW 3) was the scribe of the above letter of complaint. It was further stated in the above letter of complaint that PW 1 came to know from his wife, Smt. Salo Saren (PW 2) that the deceased had been last seen together with appellant Kanai Tudu to consume liquor on the preceding day, i.e. on October 27, 2001 in "Bara Hat" at about 17.30 hours. The PW 11 lodged formal FIR bearing Kharagpur Local P.S. Case No.243/2001 dated October 28, 2001 after making a General Diary Entry bearing No.1090 at 19.15 hours.
(3.) In the meantime, on receipt of a telephonic massage, the Officer -in - Charge of the above police station went to the place of occurrence accompanied by the PW 12. In course of investigation, PW 12 prepared two rough sketch maps of the place of occurrence and the surrounding jungle respectively. He seized the control earth and plain earth from the place of occurrence. He prepared the inquest report of the dead body after due identification of the deceased. Thereafter, the dead body of the deceased was sent to Kharagpur General Hospital through Constable Pijush Kanti Ghosh (PW 9). The case was endorsed to PW 12 by the O.C. of Kharagpur Local Police Station for investigation.;