Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated August 19, 2005 and sentence dated August 20, 2005, passed by the learned Additional District and Sessions Judge, Fast Track Court No.1, North 24 Paraganas, Barasat, in Sessions Trial No. 3(11) 2004 arising out of Sessions Case No. 57(09) 2004. By virtue of the impugned judgment the appellant was convicted for the commission of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to in short as IPC) and was sentenced to suffer imprisonment of life and to pay a fine of Rs. 2000/-in default to suffer rigorous imprisonment for one year with a direction for usual set off as per the provision of section 428 of the Code of Criminal Procedure (hereinafter referred to in short as Cr.P.C).
(2.) The prosecution story as unfolded during trial is as follows: Sumi Haldar, since deceased, previously got married to one Raj Kumar through whom a son Manoj (P.W.7) was born. After death of her first husband, Sumi Haldar married the appellant through whom a son and a daughter were born. Appellant having no permanent accommodation was initially given shelter by Sumi's mother (P.W.14) in her house at Nimtola but thereafter due to some inconvenience Sumi's brother (P.W.1) arranged one room on rent at Paschim Kodalia under P.W.4. P.W.1 was also residing there as tenant. Accordingly, Sumi Haldar, since deceased, started residing there along with the appellant and her three children.
(3.) On June 9, 2004 around quarter to six in the morning PW-7, minor son of the Sumi Haldar, reported to P.W.1 (maternal uncle) that his father namely the appellant after strangulating his mother to death with a pillow fled away from the room. PW1 rushed to the room of his sister, Sumi Haldar and found her lying dead in the bed on the floor. He then reported the incident to the landlord (PW-4) and other tenants of the premises and thereafter lodged a complaint (Ext-1/1) against the appellant at the Ghola Police Station scribed by PW9.;