Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated January 10, 2007 and sentence dated January 11, 2007 passed by the learned Sessions Judge, Purulia in Sessions Trail No. 9 of 2006 arising out of Sessions Case No. 322 of 2006 convicting and sentencing him to suffer rigorous imprisonment and to pay a fine of Rs. 5000/- in default to suffer rigorous imprisonment for one year for commission of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC).
(2.) The prosecution case, in brief, is as follows:- P.W.1's daughter Rani Tudu, the victim got married to the appellant, a co-villager. Appellant used to work as labourer at Dhanbad where the victim was also staying with the appellant. Two weeks ago appellant came back to the village from Dhanbad along with the victim. After spending some time there, on 14th Ashar 1412 B.S. corresponding to June 29, 2005 appellant left for Dhanbad along with the victim. P.W.1 in order to see them off up to the bus stand at Sirkabad also accompanied. They were proceeding on foot. After some time on reaching at Baklapani Palashi Jungle there was an altercation between the appellant and the victim. When P.W.1 intervened, appellant slapped her. Thereafter, appellant killed the victim by pressing her neck. Due to fear P.W.1 returned back to the house and reported the incident to her son (P.W.6). P.W.6 then rushed to Arsha P.S. and reported the incident verbally to the officer-in-charge of the P.S. (P.W.7) 16.05 hrs.
(3.) P.W.7 after reducing the verbal complaint of P.W.6 started Arsha P.S. Case No. 23 dated June 29, 2005 under Section 302 IPC against the appellant and took up investigation of the case.;