SHIVAKANT PRASAD,J. - (1.) This appeal is directed against judgment and order dated 18.12.1999 passed by the learned Additional Sessions Judge, 2nd Court, Jalpaiguri in Sessions Case No. 84 of 1997 vide Sessions Trial No. 25 of 1997 which arose out of G. R. Case No. 1421 of 1990 corresponding to Kotwali P.S. Case No. 501 of 1990 dated 20th November, 1990 convicting the accused appellants under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life.
(2.) Prosecution case leading to the instant appeal is that on the basis of a written complaint of one Dhekibala Roy, Jalpaiguri Kotwali P.S. case no. 501/90 dated 20.11.1990 under Section 302 Indian Penal Code was started and on usual investigation Charge -sheet no. 49/94 dated 22.04.1994 under section 302 IPC was submitted against four accused persons including the appellant.
(3.) Brief facts of the case is that on 20th November, 1990 at 13.25 hours the de facto complainant submitted written complaint to this effect that on 3rd Agrahayan, 1397 B.S. at about 10.00 hours one Jagat Roy, Bijoy Roy and others were seen by the complainant with dismay blood smeared clothes on their person near Kalimandir of that village who were going to North from the house of Jagat Roy. On suspicion the de facto complainant went to the spot where she saw Pramatha Nath Roy lying dead with bleeding injuries on his person in the paddy field where the deceased had been to harvest paddy.;