Debasish Kar Gupta , J. - (1.) This appeal is directed against a judgment, order of conviction and sentence dated November 1, 2006, passed by the learned Additional Sessions Judge, 2nd Court, Purulia in Sessions Trial No.29 of 2006 arising out of Sessions Case No.143 of 2006. The appellant was convicted for commission of offence punishable under Sections 302/201 Indian Penal Code (hereinafter referred to as the I.P.C.) and he was sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/- only in default of payment of fine to suffer rigorous imprisonment for a further period of six months for finding him guilty of commission of offence punishable under Section 302 I.P.C. as also to suffer rigorous imprisonment for one year and to pay fine of Rs.5000/- in default of payment of fine to suffer rigorous imprisonment for a further period of one month for the offence punishable under Section 201 I.P.C.
(2.) The other four (4) accused persons namely, Sudhir Rajwar, Visam Rajwar, Bidesh Rajwar and Bhiku Rajwar were found not guilty of commission of offence punishable under Section 302/201 I.P.C. and they were acquitted accordingly.
(3.) The prosecution case in a nutshell is as under:- A written complaint dated March 5, 2005, was received by the Officer-in-Charge, Kenda Police Station, Purulia from one Sri Santosh Mahato (PW 1). According to the above letter of complaint, his cousin brother namely, Hashu Mahato, since deceased, went out of his residence on March 2, 2005, at 19.00 hours. He did not come back to his house. On March 5, 2005, at about 13.00 hours the dead body of the aforesaid person was discovered in the Kamta Dam in floating condition. Mark of injury on the dead body of the aforesaid deceased was found.;