Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentenced dated May 24, 2007 and May 25, 2007 respectively passed by the learned Additional District and Sessions Judge, Fast Track Court II, Bongaon, North 24-Parganas in Sessions Trial No. 9(4) 2004 arising out of Sessions Case No. 29(3) 2004 and GR Case No. 735/2003. By virtue of impugned judgement appellant was convicted for commissioning of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for six months with a direction for set off under the provisions of section 428 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.)
(2.) The prosecution case, in brief, is that on October 27, 2003 at about 8.00 p.m. when the victim, Chandan Das @ Sintu, was going in the immersion procession of the idol of Maitri Sangha then in front of Hospital Kali Bari on Bongaon Chakdah Road appellant Babu Gayen suddenly stabbed the victim by a knife on his waist causing bleeding injuries therefrom. Victim was then taken to the Bongaon Hospital by but considering the seriousness of the injuries attending doctor advised to take him to Kolkata but on the way to Kolkata at about 9.30 p.m. victim died. The dead body of the victim was then brought back to the Bongaon Hospital.
(3.) P.W.1, mother of the victim, then lodged a complaint on the same night at the Bongaon P.S. at 00.50 hours and accordingly on the basis of said complaint Bongaon P.S. Case No. 276 dated October 28, 2003 under Section 302, IPC was started against the Appellant Babu Gayen by P.W.7. Case was then endorsed to S.I., Nemai Chandra Santra, since deceased, for investigation.;