JUDGMENT

Partha Sarathi Sen, J.

1. The instant appeal arises out of the judgment of conviction and order of sentence both dated 25th November, 2004, as passed by the Learned Additional Sessions Judge, Fast Track Court, Durgapur in Sessions Trial No.23 of 2004 arising out of Sessions Case No.96 of 2003. By the impugned judgment learned trial court found the present appellant Sukumar Sarkar guilty of the offence under Section 302 of the Indian Penal Code and thus sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2000/- in default to suffer further R.I for six months. The convict felt aggrieved and thus preferred the instant application.

2. According to the prosecution one Kanai Lal Sarkar, son of Late Chuni Lal Sarkar of Village Beraberia Govt. Colony, P.S Amdanga, District North-24-Parganas lodged a written complaint with the New Township Police Station, Durgapur, District Burdwan stating, inter alia, that marriage of his youngest sister Amala Sarkar was solemnized with one Sukumar Sarkar of Subhas Pally, Durgapur-6 about 25 years back. It was his further version in the said written complaint that on 08.04.2003 at about 4 a.m his said brother-in-law Sukumar Sarkar