JUDGMENT

V.S. Sirpurkar, J.—

1. Appellant herein Haru Ghosh has come up by way of this appeal, challenging the judgment of the High Court, whereby, the High Court confirmed the verdict of conviction, as also the death sentence awarded by the Sessions Judge. Appellant was tried for having committed murder of one Anima Pramanik, aged about 30 years and her son Subhankar Pramanik @ Kebal, aged about 12 years. He was also tried for the offence under Section 307-326 of the Indian Penal Code (hereinafter referred to as “IPC” for short) for attempting to murder one Jeevan Krishna Chakraborty, aged about 60 years.

2. The prosecution case was that on 7.5.2005, at about 11.15 hours, a telephonic message was received by N.C. Mondal (PW-37), an Assistant Sub-Inspector of Nawadeep Police Station, informing that between 10.45 Hrs. and 11.10 hrs. on that day, one Haru Ghosh S/o Mohan Ghosh, staying at Ramchandrapur Ghoshpara assaulted three persons of the said village by a sharp cutting dao and also tried to assault others and for that, the police help was immediately needed. The message was recorded in the General Diary vide Entry No. 300. One Shri Amitava Ghosh (PW-39), Inspector-in-Charge, rea