Asim Kumar Ray, J.

1. This criminal appeal is directed against the judgment and order dated 9-6-2000 and 12-6-2000 passed in Sessions Trial No. XXIX/July/1997 by learned Additional Sessions Judge, 5th Court, Midnapore thereby convicting Ashok Banerjee @ Bapi Bose of the charge under Section 302 of the Indian Penal Code & sentencing him to suffer R.I. for life and also to pay a fine of Rs. 3,000/- in default to suffer imprisonment for six months more.

2. The factual background in a nutshell is that, on 20-1-1997 around 11 a.m. appellant being accompanied by a lady arrived at a lodge named Ma Janhabi Bhawan Hotel at Digha. He wanted an accommodation there for two days disclosing themselves as husband and wife. The owner of the hotel, FIR maker Balai Das /P.W.1 accordingly allotted room No. 5 to them at a charge of Rs. 120/- per day. They caused recording of their names and addresses in the hotel register as Bapi Bose and Rani Bose of Birati. They stayed in the said hotel in room No. 5 for two days. On 22-1-1997 around 7.30 a.m. Bapi Bose was found leaving the hotel with a bag in his hand in a suspicious manner. Balai Das asked him about his wife/Rani to which he in an unpr