Debasish Kar Gupta , J. - (1.) This appeal is directed against a judgment and order of conviction dated October 10, 2012 convicting the appellant for commission of offence punishable under Section 302 I.P.C. and sentence dated October 11, 2012 to suffer rigorous imprisonment for life as also to pay fine of Rs.3000/- in default to suffer further rigorous imprisonment for one year.
(2.) According to the prosecution case, on July 2, 2003, at about 18.30 hours, one Md. Salim (the deceased) was returning home with his two friends namely, Nurul Hoda (PW 6) and Salauddin, on foot across G.T. Road after consuming country liquor. When they came in front of a saloon at G.T. Road, suddenly the appellant caught hold of the deceased. The aforesaid friends of the deceased made attempts to rescue the deceased but the appellant brought out a 'Khur' from the waist of his 'Lungi' and asked the aforesaid associates of the deceased not to come forward. Then there was an altercation in between the appellant and the deceased. The appellant assaulted the deceased with the help of the 'Khur' on his throat and ran away. The deceased went to a nursing home, namely, Medicare Nursing Home after sustaining the aforesaid injury. The nursing home authority sent him to Howrah District Hospital in their ambulance car. The deceased was admitted in the above hospital. Subsequently, he succumbed to the above injury.
(3.) On the basis of a written complaint lodged in the Shibpur Police Station by the PW 6 on the next date, formal FIR bearing Howrah P.S. Case No.162 of 2003 dated July 3, 2003, was registered at 10.55 hours after making an entry in the General Diary in the above police station under G.D.E. No.187. It was forwarded to the court after ten days.;