Jay Sengupta, J. - (1.) This is an appeal directed against the judgment and order of conviction dated 09.02.2009 and sentence 10.02.2009 passed by the Learned Additional Sessions Judge, Malda, 2nd Court, in Sessions Case No. 6/2005, thereby convicting the appellant under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life with a fine of Rs. 5000/-, in default to undergo a further simple imprisonment for three months.
(2.) On 09.09.2004 at about 12.15 hours PW 4 lodged a First Information Report with the Habibpur Police Station under Section 302 of the Penal Code against unknown miscreants. He alleged that he had gone for fishing in a ditch last night. On the next morning i.e., on 09.09.2004 at about 8.00 hours he got the information that his parents were murdered by someone by slitting their throats with a sharp weapon. After murdering them, the assailant left his deceased father in the room and the deceased mother in the courtyard. He was not in a position to say who killed his parents. On the fateful night four persons had assembled in his father's room and engaged themselves in smoking 'ganja'.
(3.) Investigation commenced. On 09.09.2004 at about 13.25 hours, PW 17, the Investigating Officer of the case, held an inquest over the deadbodies of the two victims in their house in the presence of witnesses PWs 1, 2, 3, and 4. No article was found to have gone missing from the room. The victim Gour Halder had marks of injuries on his shoulder and neck caused by a sharp weapon. Cut marks on the right elbow and the upper portion of the right arm were also found. Rigor mortis was present in the deadbody. On the deadbody of the victim Renubala Halder, there was a cut injury found around her neck and it was nearly detached from its front portion. On 10.09.2004 PW 7 held post-mortem examination over the deadbodies of the two victims. He found ante-mortem injuries on them. After completion of investigation, a charge-sheet was submitted. On 29.01.2005, a charge was framed under Section 302 of the Penal Code against the appellant.;