judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of Calcutta High Court, upholding the conviction and sentence of the appellant who was found guilty of offence punishable under Sections 302 of the Indian Penal Code, 1860 (in short IPC) and was sentenced to undergo imprisonment for life.

3.Prosecution case in a nutshell is as follows:

On 28.9.1993, between 6.45 p.m. and 7.00 p.m. Sisir Kr. Das @ Ajoy (hereinafter referred to as the deceased) was shot by the present appellant in front of his house at College Para and immediately thereafter Ajoy was shifted to hospital where after ten days he succumbed to his injuries. One Satya Ranjan Das (PW 1), cousin brother of Ajoy, getting information from one local boy about the occurrence, came to learn from injured Ajoy at hospital that he was shot at by his step uncle Bijoy Das. The appellant immediately thereafter lodged the written complaint at Raijung P.S.

On the basis of the written complaint of Satya Ranjan Das which was received by the local P.S. at about 19.50 hours of 28.9.1993 S.I. S. Pradhan of Raijung P.S. took up the investigation and in course of investigati