Aniruddha Bose, J.

1. In this appeal, the appellant questions the legality of a judgment of his conviction on being held guilty of an offence punishable under Section 302 of the Indian Penal Code, and his consequential sentence of imprisonment for life along with fine of rupees five thousand. In default of such payment, he has been directed to undergo simple imprisonment for six more months. The judgment has been delivered by the Sessions Judge, Bankura on 14th February 2006 in Session Trial No. 12 of July 2001 arising out of Session Case No. 19 of June 2001.

2. At the material point of time the appellant accused was a constable on sentry duty at Gorabari outpost under Khatra Police Station in the district of Bankura. Charge against him is that he had caused death of one Ganesh Pal, who was on a pleasure trip to Mukutmanipur, by firing at him on 2nd January, 2000 at about 5.30 PM from his service rifle. Case was started upon filing of a First Information Report by one Mrigankar Banerjee (who was examined by the prosecution as P.W. 2) lodged on the same evening at 6.55 PM. Prior to lodging of the FIR, the officer-in-charge of the police station himself had reached the place