JUDGMENT

Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 29.09.2011 and 30.09.2011 passed by learned Sessions Judge, Darjeeling, in Sessions Trial No. 24/2007 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for one year more.

2. Prosecution case as alleged against the appellant is to the effect that on 02.03.2007 he had come in drunken condition to the house of one Roshan Tamang (P.W. 11) and demanded money for purchasing alcohol. Roshan refused to meet such unjust demand. At that time, Suroj Rai had also come to the residence of Roshan for inviting his son's birthday. Suroj intervened and asked the appellant to go away. Appellant became enraged and threatened Suroj that he would teach him a lesson.

3. Around 6:00 p.m. Suroj left the residence of Roshan and proceeded towards his house. At that juncture, appellant mercilessly assaulted Suroj with a danda resulting in severe injuries on his head and chest.

4. Appellant fell down at the spot and Suroj ran away. In