JUDGMENT

Joymalya Bagchi, J. - This appeal is directed against the judgment and order dated 13th February, 2004 passed in Sessions Case No. 12(6) of 2002 (Sessions Trial No. 4(7) of 2002 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/, in default, to suffer simple imprisonment for three months more.

The appellant has been charged as follows :

' That, you on or about the 16.01.1998 after 1.00 P.M. within village Teliaberia under P.S. Onda, did commit murder knowingly causing the death of Minati Garai @ Phani and thereby committed an offence punishable under Section 302 of the Indian Penal Code.'

The prosecution case as alleged against the appellant is to the effect that on 16.01.1998 at 1:00 p.m., Subhas Chandra Garai (P.W. 1) had returned home from his sweetmeat shop. He found his younger brother, Jagabandhu (P.W. 3) had not returned after watering potato plants in the field. The younger sister Minati @ kali was sent to serve lunch to his younger brother who was still working in the field. after sometime, Jagabandhu returned home and informed others