RAGHUNATH RAY, J.

This Jail Appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, 3rd Court Midnapur on 07.08.03 in Sessions Trial No. XLIV/Oct’ 2001 arising out of G.R. Case No. 1085/2000. By the aforementioned impugned judgment, the appellant Dhiren Barik was found guilty of the charge under section 302 IPC for causing the murder of Bhupati since deceased and also of further charge under section 325 IPC for causing voluntarily grievous hurt to the deceased’s minor son Santanu. He was convicted thereunder accordingly. The convict was sentenced to suffer life imprisonment and to pay a fine of Rs. 1000/- in default whereof to suffer one month S.I. for the first count of charge and was also sentenced to undergo four years R.I. for the second count of charge vide order dated 08.08.03. Both the sentences were ordered to run concurrently.

2. Factual matrix of the prosecution case leading to filing of the present appeal may be summarized as under:-

i) On the auspicious day of car festival i.e on 18th day of Ashar 1407 BS corresponding to 03.07.2000 at about 10-45 PM one Bhupati Barik of Talda village within PS Datan was stabbed to death by the present appellant Dhiren Barik and his dead body was found lying by the side of moram road of Krishnanagar mouza within PS Belda. Both the assailant and deceased used to sell channa at Sayrapara Bazar for last 15-16 years. In the evening hours of the fateful day both of them were seen talking over the money matter in the chariot festival fair at Sayrapara Bazar by co-villagers. At the material point of time the deceased was returning from Sayrapara Bazar along with his minor son Santanu (PW5) on his bicycle being followed by the appellant and some of the co-villagers. Some people of Bablapur village also saw the deceased to argue with the assailant on the paving by the side of the road at about 10.30 PM at that fateful night.

ii) Immediately, after the incident of stabbing the appellant made good his escape from the P.O. and on his way to Sayrapara Bazar Fair he dashed one of the co-villagers namely Aswini Das (PW2) causing fall of both of them on the ground from their respective bicycle. Bidyut Barik focussed torch on the person and the assailant was recognized by PW1 and other co-villagers. Bidyut Barik, PWI and other co-villagers, proceeded a short distance and found the deceased lying in a pool of blood by the side of the road and his minor son Santanu was found weeping. It was reported by Santanu (PW5) to the FIR maker and other co-villagers that the appellant had an altercation with the deceased and he slashed the neck of Bhupati with a knife. When the son raised a hue and cry, he was also assaulted on his left hand and arm pit with the same knife. The injured son of the deceased was shifted to Nekursini Christian Hospital for medical treatment.

iii) An FIR unfolding narration of events as above was lodged by Bidyut Barik, the nephew of the deceased on the following day giving rise to Belda PS Case No. 89/2000 dt. 04.07.2000 under sub-sections 302/324/307 IPC. Prior to its initiation one U/D case No. 25/2000 dt. 04.07.2000 was also started and the same was tagged with the said Belda PS Case which was endorsed to S.I. Amiya Kumar Kar for investigation.

iv) In course of investigation the I.O. prepared the Inquest Report (Exhibit 2/3) of Bhupati Barik aged 35 years in the presence of four witnesses and also a Seizure List (Exhibit 6/I) in respect of blood stained wearing apparels of the appellant and the old bicycle used by the appellant at the relevant point of time. He also collected PM Examination Report of the deceased (Exhibit 5). A rough sketch map of the P.O together with its index (Exhibit 8) was prepared by him. The Injury Report of Santanu Barik (‘X’ for identification) was also collected by the I.O. from Nekursini Christian Hospital. He also examined all available witnesses during investigation. On completion o