JUDGMENT

Subhasis Dasgupta, J. - This criminal appeal is preferred against the judgment and order of conviction, passed by learned Additional Sessions Judge, Baruipur, South 24 Parganas in Sessions case No. 67 (12) 2005 convicting the accused/appellant under Section 302 of Indian Penal Code, and sentencing him thereunder to suffer life imprisonment, and to pay a fine of Rs.10,000/- (ten thousand) with default stipulation of rigours imprisonment for additional 2 (two) years.

2. The accused/appellant assailed the order of conviction and sentence taking resort to multiple grounds in order to establish that the order of conviction was an improper exercise of authority vested to learned Trial Judge by not adhering to established principle of criminal jurisprudence.

3. Before addressing the points, it would be relevant here and pertinent also to mention the established facts precisely for addressing the issues raised perfectly.

4. De-Facto complainant happens to be the elder brother of deceased, a wood merchant. On 15th May, 2005 at about 5.30 A.M in the morning, while complainant was in his bathroom, situated in the back side of his house, suddenly one unknown passer-by/van puller inform