JUDGMENT

Partha Sarathi Sen, J. - The instant appeal arises out of the judgement and order of conviction dated 23.12.2005, as passed by the Learned Additional Sessions Judge, 4th Court, Krishnanagar, Nadia, in Sessions Trial No.III of June 2003, arising out of Sessions Case no.37(12)/01 whereby and whereunder the present appellant was convicted by the said trial court under Section 302 of the Indian Penal Code and thus sentenced to suffer R.I for life and to pay a fine of Rs.5000/- i.d to suffer further R.I for six months for the commission of the offence of murder.

2. The appellant felt aggrieved and thus preferred the instant appeal.

3. For effective adjudication of the instant appeal, the facts leading to initiation of the aforesaid Sessions trial is narrated hereinbelow in short.

4. One Abdul Sk. of Village Sahebnagar, P.S Nabadwip lodged a written complaint dated 30.05.2001 with the I.C. Nabadwip P.S stating, inter alia, that his second son Abu Jamal had to reside at his in-laws' home on account of previous enmity with some of the villagers of the self same village. It has been reported by him that on the previous night the said miscreants were of impression that his second son Ab