Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgement, order of conviction and sentence dated February 14, 2012 and February 15, 2012 respectively passed by the learned Additional Sessions Judge, Fast Track Court-3, Barrackpore, North 24 Parganas in Sessions Trial Case No. 70 (12), 2007 arising out of Sessions Case No. 7 (8) of 2007 thereby convicting the appellant for the commission of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced him to suffer imprisonment for life and to pay fine of Rs. 10,000/- in default to suffer imprisonment for one year more.
(2.) The case of the prosecution, in brief, is as follows: On May 14, 2007 at 17.00 hours, one telephonic information was received at the Naihati P.S. from one unknown person that Rabi Das @ Sachhu (appellant) has committed murder of Tapan Karmakar (victim) at Sanjib Chatterjee Road and he was detained by the local people of Milan Samiti Club. The said information was diarized in the P.S. GDE Book and the Inspector-in- Charge was informed. P.W.16 along with force went to the place of occurrence. There P.W.1 handed over one written complaint(Ext.1) to I.C. Naihati P.S. stating inter alia that on that day in the evening at about 16.45 hours while he was sitting in his house on the first floor he heard some hue and cry on the road in front of his house. He then came down and saw appellant, holding one 'Nepala' in his hand, was quarreling with the victim in front of tea stall of Sanjoy Agarwal over an old topic and then suddenly struck the victim with that 'Nepala' as a result victim sustained severe injuries on his person and died on the spot. Members of the Milan Samiti Club then caught hold the appellant and detained him in the club.
(3.) On receipt of the complaint, I.C. Naihati P.S., endorsed the case to P.W.16 for investigation and sent the complaint to the P.S. for starting the case. Naihati P.S. Case No. 85 dated 14.05.2007 was started against the appellant under Section 302 of the Indian Penal Code.;