Joymalya Bagchi, J. - (1.) Appeal is directed against the judgment and order dated 18.04.2013 and 19.04.2013 passed by the learned Additional Sessions Judge, 2nd Court, Jalpaiguri, in Sessions Trial Case No. 245 of 2000 pending before the learned Additional Sessions Judge, 2nd Court, Jalpaiguri, convicting the appellant for commission of offence punishable under Sections 302/34 and 201/34 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- in default to suffer rigorous imprisonment for one year for the commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for two months for the commission of offence punishable under sections 201/34 of the Indian Penal Code, both the sentences to run concurrently.
(2.) Prosecution case was initiated on the basis of an F.I.R. lodged by one Karima Bewa (P.W.1), mother of the victim Nazrul Islam, being Rajganj Police Station Case No. 88 of 1999 dated 19.08.1999 under Sections 302/201/34 of the Indian Penal Code against the appellant Jayna Nessa (since deceased) and one Bhuttu Md. @ Sarifuddin Md. alleging in the night of 16.08.1999 the accused persons in pursuance of common intention strangulated her son to death and threw his dead body in a nearby pond. On the next day around 12 noon body of the victim was found floating in a pond. Police was informed and the dead body was taken for post mortem examination. Subsequently, Sakbul Md. (P.W.4), son of the deceased, informed P.W.1 and others that Jayna Nessa, wife of the deceased, Bhuttu, step son of the deceased, and the appellant had conjointly strangulated the victim and threw him into the pond. Upon receipt of such information, P.W. 1 had lodged the aforesaid F.I.R. In conclusion of investigation, charge-sheet was filed and the case was committed to the court of sessions and transferred to the Court of Additional Sessions Judge, 2nd Court, Jalpaiguri for trial and disposal. Jayna Nessa expired in the meantime and charges were framed under Sections 302/201/34 of the Indian Penal Code against the appellant and Bhuttu. During trial Bhuttu absconded and trial proceeded against the appellant. Prosecution examined twelve witnesses. Defence of the appellant was one of innocence and false implication. In conclusion of trial the appellant was convicted and sentenced as aforesaid. Hence, the present appeal.
(3.) During hearing of the appeal plea of juvenility was raised on behalf of the appellant. Accordingly, the matter was remanded to the trial court for determination of age of the victim. Ossification test of the appellant was conducted in the department of Forensic Medicine & Toxicology, North Bengal Medical College, Government of West Bengal. In the Medicolegal examination report dated 08.04.2019 it was opined as follows:- "On the basis of general physical, dental and radiological examination, age of the subject is more than 25 years and less than 35 years on the date of examination i.e. on 08.04.2019".;