Jayanta Kumar Biswas, J.

1. The appellant is aggrieved by the judgment of the Additional District & Sessions Judge, Barackpore, North 24 Parganas dated August 21,2008 in ST 3(6)07 convicting him under s.302 IPC and the order of the judge dated August 22, 2008 sentencing him to life imprisonment and imposing Rs.5000 fine, in default to suffer a six-month simple imprisonment.

The FIR No.65 was registered under ss.448/325/326/307/34 IPC at Titagarh police station in Barrackpore sub-division of the district North 24 Parganas on March 7, 2007 at 9.25 p.m. The appellant’s wife, the victim’s daughter, in her written information alleged that because of previous grudge the appellant entered the house of the victim, the appellant’s father-in-law, with two other persons, caused injuries on the victim’s abdomen, back, cheek, neck with some sharp thing and hit the victim on the head with some heavy thing with a view to killing the victim; and that the grievously hurt victim was in a nursing home.

According to the prosecution, the victim died at the SSKM Hospital on March 10, 2007 at 11.45 a.m. The appellant was arrested from his residence on March 10, 2007 at 7.05 p.m. The investigating