JUDGMENT

Partha Sarathi Sen, J. - The present appeal arises out of the judgment and order of conviction dated 17th February, 2009 and 20th February, 2009 passed by the learned Additional District and Sessions Judge, 2nd Fast Track Court, Dinhata, Coochbehar in Sessions Trial No.2 (2) of 2008 arising out of Sessions Case No.384 of 2007, G.R Case No.143 of 2006, Dinhata Police Station Case No.136 of 2006 dated 7th May, 2006.

2. By the impugned judgment learned trial court found the accused guilty under Section 302 of Indian Penal Code and thus sentenced him to suffer rigorous imprisonment for life and also to pay fine of Rs.10,000/- and simple imprisonment for a further period of six (6) months. The accused felt aggrieved and thus preferred the instant appeal.

3. In order to dispose of the instant appeal, the facts leading to the initiation of Dinhata Police Station Case No. 136 of 2006 is required to be dealt with in a nutshell.

4. On 7th May, 2006, one Apurba Kumar Bose son of late Gyanendra Nath Bose, of Ward No. 1, Babupara, P.S Dinhata, District- Coochbehar lodged a written complaint with the I.C Dinhata P.S stating, inter alia, that on the said very day that is on 7th May, 2016 at