JUDGMENT

A. K. Patnaik, J.

This is an appeal by way of special leave under Article 136 of the Constitution of India against the judgment dated 18.07.2006 of the High Court of Calcutta in C.R.A. No.446 of 2004 sustaining the conviction and sentence of life imprisonment on the appellant under Section 302 of the Indian Penal Code (for short ‘the IPC’) imposed by the Fast Track Court, Cooch Behar, in Sessions Case No.142 of 2002 (S.T. No.1(3)2002).

2. The facts very briefly are that one Puspa Nandi lodged a complaint before the Inspector-in-charge, Kotwali P.S., that on 23.02.2002 at about 10.00 a.m. she went to Nayarhat to purchase some ration and there she heard that her daughter-in-law Pratima Nandi had been murdered. She rushed to her house and saw that Pratima was lying dead at the southern side of her house and when she enquired, her grand daughter, Manika, told her that the appellant entered into their house with a big daa and killed her mother Pratima. The complaint was registered as an FIR and the appellant was arrested on 23.02.2002 and the daa alleged to have been used in killing the deceased was recovered from a jungle at the side of the house of the appellant. On 25.02.20