Md. Mumtaz Khan, J.

Appellant has preferred the instant appeal assailing the judgment, order of conviction and sentence dated July 29, 2008 and July 30, 2008 respectively passed by the learned Additional Sessions Judge, 6th Court, Barasat in Sessions Trial No. 3(2) of 2007 arising out of Sessions Case No. 27(1)2006. By virtues of impugned judgment appellant was convicted for the commission of the offence punishable under Section 302 of the Indian Penal Code (here in after referred to as IPC) and was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for one year more with a direction for set off against the sentence of imprisonment under the provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).

2. The prosecution case, in brief, is that on February 13, 2003 at about 3.05 p.m. while P.W.1 along with her deceased husband and her son P.W.2 were doing their job in their snack shop situated in front of Bamangachi Railway Station in between the space of Railway line no.2 and 3 then suddenly this appellant struck the victim with a shackle on his back from hi