Manojit Mandal, J. - (1.)The appeal is directed against the judgment and order of conviction and sentence dated 24.06.2005 passed by learned Additional Sessions Judge, 1st Court, Berhampur, Murshidabad in Sessions Trial No. 01 of February 2005 arising out of Sessions Case No. 389 of 2004 convicting the appellant under Section 302 of the Indian Penal Code (hereinafter referred to as "I.P.C") and sentencing him to suffer imprisonment for life and also to pay a fine of Rs.2000/- (Rupees Two Thousand only) in default to suffer simple imprisonment for six months.
(2.)The gist of the prosecution case as levelled against the appellant is that Bhutto @ Ali Hasan, aged about 8 years and Kaluni, aged about 10 years were the children of PW 10 and PW 11 and 'Bhagna' and 'Bhagni' of PW 1. At the material point of time said Bhutto @ Ali Hasan and Kaluni used to reside with PW 1. On 28.07.2002 at about 8:00 a.m. both Bhutto @ Ali Hasan and Kaluni left with 5 goats for grazing to the Dam of Mauza Kashimpur. Till noon they did not come back. PW 1 searched for them but in vain. On 29.07.2002 at about 5 O'clock in the morning PW 1 received an information that dead body of both the children were found tied with raw jute ropes around the necks in a jute field within village Kashimpur. One of the goats was found lying dead with its neck spotted by raw jute. PW 1 alleged that appellant told one day before the incident i.e. on Saturday that on the next day i.e. on Sunday he would go Kashimpur village to harvest his jute crop and invited both the deceased to go with their goats to his field to feed their goats. PW 1 strongly believed the involvement of the appellant in the murder of the said two children.
(3.)On the basis of the said petition of complaint, Domkol P.S. Case No. 89 of 2002 dated 29.07.2002 under Section 302/379 of the I.P.C. was registered.