Md. Mumtaz Khan, J.

1. This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated September 17, 1993 passed by the Ld. Sessions Judge, Birbhum in Sessions Trial No. 2 of July, 1993 arising out of Sessions Case No. 65 of 1990. By virtue of the impugned judgment appellant was convicted for the commissioning of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as I.P.C.) and was sentenced to suffer rigorous imprisonment for life and a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one year more with a direction that the fine, if realized, be paid to the heirs of the deceased, Panchanan Mondal.

2. The prosecution case, in brief, is that one Haripada Mondal had some landed properties as well as dwelling house at Baliharpur under Md. Bazar P.S. Dist. Birbhum. He had seven sons named Panchanan Mondal, the victim, Dasarath Mondal, since deceased, Provakar Mondal, Dibakar Mondal, the appellant, Nishakar Mondal, P.W.1, Dilip Mondal and Mihir Mondal. After death of Haripada Mondal there was salish in the village and as per the salish the said dwelling house was allotted to