JUDGMENT :

The appellant herein, along with three other accused persons, was convicted under Sections 302, 34, 120B and 394 of the Indian Penal Code (IPC) by the Trial Court and was sentenced to suffer imprisonment for life for the offences punishable under Sections 302, 34 and 120B IPC and for 10 years rigorous imprisonment and in default to suffer rigorous imprisonment for six months for the offence punishable under Section 394 IPC, for the murder of an elderly couple Girish Navalkha and Bina Navalkha at their Flat No. 10C, 10th floor of Rameshwar Apartment at 19A Sarat Bose Road, Kolkata-20.

2. Brief facts involved in the instant appeal are as follows:-

A case was registered under Section 302/34 IPC against some unknown miscreants on the basis of the statement of one Jugal Kishore Khetwat at Bhabanjpur Police Station on 25th December, 1991.

3. As per his statement, Mr. Khetwat was a family friend of the couple and used to visit their flat regularly in the morning and used to have his tea with them. It is further stated that on 24th December, 1991, at night both the husband and wife were to accompany him to a party at New Kelinworth Hotel, but due to indisposition of Girish Navalkha,