Asha Arora, J. - (1.) The present appeal is directed against the Judgment and Order of conviction and sentence dated 24th August, 2000 rendered by the learned Sessions Judge, Purulia in Sessions Trial No. 2 of 1999 arising out of Sessions Case No.33 of 1998 whereby the appellant/accused Budhu Singh Sardar was convicted for the offence punishable under Section 302 of the Indian Penal Code (for short referred to as the IPC) and sentenced to suffer imprisonment for life with a fine of Rs.2000/- in default of which he was directed to suffer rigorous imprisonment for four months for the aforesaid offence.
(2.) Prosecution version sans unnecessary details is that on 26th March 1994 at 00:25 hours one Fakir Singh Sardar of Village-Kultanr, P.S.- Boro, District-Purulia lodged a written complaint at Boro P.S. alleging that on 25th March 1994 his uncle Budhu Singh Sardar (appellant) came to him for some rice and money. As the complainant was busy, he told the accused/appellant to come later. It is the further case of prosecution that the appellant returned home in the evening with Biswanath Singh Sardar and at about 22:00 hours he started abusing in filthy language. Kalachand Singh Sardar and his wife Abala Singh Sardar (deceased victims) opposed whereupon the appellant shot an arrow in the chest of Abala Singh Sardar. Due to fear the complainant rushed to his house. After sometime complainant came out on hearing a loud sound and found Kalachand Singh Sardar lying dead with gun shot injury.
(3.) On the basis of the aforesaid written complaint of Fakir Singh Sardar (PW-1), S.I. Kalibaran Ghosh (PW-15) registered Boro P.S. Case No. 15/94 dated 26-03-1994 under Section 302 of IPC and 25/27 of the Arms Act against the accused/appellant Budhu Singh Sardar. Investigation into the case culminated in the submission of the charge sheet under Section 302/34 of the IPC against accused/appellant Budhu Singh Sardar and Biswanath Singh Sardar.;