JUDGMENT

Markandey Katju, J. — 1. This appeal has been filed against the impugned judgment and order dated 22.8.2005 of the Calcutta High Court in C.R.A No. 125 of 1996.

2. Heard learned counsel for the parties and perused the record.

3. The prosecution case is that on 22.3.1991 at about 11.30 hrs., one Anindita Sengupta @ Pom, the only daughter of Pranab Sengupta was alone in their residence. It is alleged that the appellant came to the said residence and finding Anindita alone in the house, murdered her by throttling her neck. Pranab Sengupta, on the ground of his son Joy Sengupta’s Madhyamik examination took permission from his school, where he was a teacher, to return to his house early and when he came to his house early, he noticed Anindita lying on the floor of a room, and being suspicious of the situation he raised hue and cry and at this neighbours rushed to the place of occurrence and soon thereafter Anindita was removed to Ranaghat Sub-Divisional Hospital where she was declared dead by the attending doctor.

4. After the investigation held by the C.I.D, West Bengal in connection with this incident, a charge-sheet was submitted against the appellant under Section 302 IPC.

5. T