JUDGMENT

Abhay S. Oka, J.

The Sessions Court has convicted the appellant-accused for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short 'IPC'). The appellant has been sentenced to undergo rigorous imprisonment for life. The appeal preferred by the appellant against the judgment of the Sessions Court has been dismissed by the impugned judgment of the Calcutta High Court dated 23rd December 2008.

FACTUAL ASPECTS

2. The incident is of 2nd August 1976. PW1 Shri Khiroda Mohan Paul, Head Master of a High School, and the deceased Purna Chandra Ghosh, assistant teacher in the said school, were returning home from the school at about 5.30 pm. Though the deceased was having a bicycle, both were proceeding to their village on foot. When they came near the railway gate, they noticed that the accused (the appellant and Arjun Mondal, a juvenile) were sitting along with Susanta Kr. Chandra and Rabu. The appellant and the said Arjun came running from behind and caught hold of the bicycle of deceased Purna Chandra Ghosh. The appellant questioned the deceased as to why he had assaulted his elder brother. Words were exchanged between the appellant, Arjun and