JUDGMENT

T.S. Thakur, J.-Leave granted.

2. This appeal by special leave arises out of a judgment and order dated 30th August, 2010 passed by the High Court of Calcutta whereby Criminal Appeal No.5 of 2010 filed by the appellant assailing his conviction under Section 302 of the IPC and sentence of life imprisonment with a fine of Rs.50,000/- and a default sentence of rigorous imprisonment for two years has been dismissed.

3. Two policemen deployed on patrol duty examined at the trial as PWs 1 & 3 reached Chatham Jetty at about 23.50 hrs. on the 19th of March, 2008. While at the Jetty they started smelling diesel odour and suspecting that something fishy was going on, parked their motor cycle to take a walk in the surrounding area. Soon they noticed that two dinghies were tied to M.V. Pillokunji, a vehicle ferry boat stationed at the jetty. In one of these dinghies there were 20 drums besides a man present on the dinghy while in the other there were three to four men and 14 drums, which were being filled with diesel using a plastic pipeline drawn from the vessel mentioned above. The suspects jumped in to one of the two dinghies and escaped, when they saw the approaching policemen