SANKAR ACHARYYA,J. - (1.) This appeal has been preferred by sole appellant Ansar Mistry @ Kucho challenging the judgment of conviction and order of sentence dated 27.08.2007 and 28.08.2007 respectively passed by learned Additional Sessions Judge, 3rd Court, Alipore in Sessions Trial No. 1 (2) 2004 convicting the appellant under Section 302 of the Indian Penal Code (in short I.P.C.) and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.2000/- in default rigorous imprisonment for six months. The appellant remains in correctional home.
(2.) Contending inter alia the impugned judgment has been challenged by the appellant as bad in law and fact as the learned trial Court failed to consider the material evidence on record. According to petition of appeal, the material discrepancies in the evidence of prosecution have not been appreciated and defence case has not been taken into consideration. Seizure of incriminating weapon has been challenged and it has been claimed that absence of motive of the appellant to commit the murder has not been considered in the impugned judgment. Appellant has prayed for setting aside the impugned judgment and for his acquittal of the charge.
(3.) Initially on a written complaint of Arabinda Halder a case under Section 326, I.P.C. was registered as FIR at Jaynagar Police Station against the appellant as sole accused for causing stab injury on the abdomen of the victim Ashok Halder on 01.06.2000. Thereafter, on the death of the victim on the following date Section 304, I.P.C. was added against the appellant. After investigation police submitted charge-sheet against the appellant and one Kader Mistry under Section 302/34 of the I.P.C. In the trial Court charge under Section 302/34, I.P.C. was framed against both the accused persons. After full trial, in the impugned judgment said Kader Mistry has been acquitted for want of evidence against him but the appellant has been convicted and sentenced of the charge under Section 302 of the Indian Penal Code.;