JUDGMENT

Joymalya Bagchi, J. - With the consent of the parties, the appeal is taken up for hearing.

2. The appeal is directed against judgment and order dated 26.07.2016 and 27.07.2016 passed by the learned Additional District & Sessions Judge, Special Court, Balurghat, Dakshin Dinajpur in Sessions Trial No. 84 of 2010 arising out of Sessions Case No. 284 of 2010 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.1,00,000/-, in default, to suffer further imprisonment for two years more.

3. The prosecution case as alleged against the appellant is to the effect that on 02.04.2010 at night, Kartick Mondal was sleeping in the varendah of his house with his wife namely, Rubi Mondal (PW 1). Appellant, who is the brother of Kartick, suddenly attacked him with a ramda. Hearing his groaning sound, Rubi woke up and saw the incident in the light of a battery charged lamp. Appellant fled away from the spot. On the written complaint of Rubi Mondal (PW 1), Tapan Police Station Case No. 70 of 2010 dated 02.04.2010 under Section 302 of the Indian Penal Code was reg