JUDGMENT

Dipak Misra, J.—Assailing the judgment of acquittal dated 25.9.2006 passed by the High Court of Calcutta in Criminal Appeal No. 558 of 2004 whereby the judgment of conviction and order of sentence dated 12.8.2003 and 13.8.2003 respectively passed in Sessions Case No. 52 of 2001 by the learned Third Additional Sessions Judge, Nadia, convicting the accused-respondent No. 1 under Section 302 of the Indian Penal Code (for short “IPC”) and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1,000, in default, to suffer further imprisonment for one year, has been reversed, the instant appeal has been preferred by special leave.

2. The factual score that needs to be exposited is that on 20.4.2001 about 8.25 p.m. Gnanendra Nath Biswas, PW8, the husband of the deceased, was lying on a cot in the bedroom with his wife Ashalata Biswas who was reading a “Panchali” and he was listening to the radio. A lamp was burning near the cot as the house did not have any electric light. All on a sudden a miscreant fired at the deceased Ashalata Biswas through the eastern window of the room as a result of which she sustained severe injuries. Hearing the scream of the husband, t