JUDGMENT :

(Debangsu Basak, J.) :

1. The appellant has assailed the judgement of conviction dated August 30, 2017 and the order of sentence dated August 31, 2017 passed by the learned Special Court cum Additional District Sessions Judge, Alipore, South 24 Parganas in Sessions Trial No. 01 (01)/2012 arising out of Sessions Case No. 26 (06)/2011.

2. Police had received a written complaint from Prosecution Witness (PW) 1 on February 4, 2011. Police had registered such written complaint as New Alipore Police Station F.I.R No. 17 dated February 4, 2011 under Section 302/201 of the Indian Penal Code, 1860. Police had investigated on such First Information Report and submitted a charge sheet against the appellant under Section 302/201 of the Indian Penal Code, 1860. Court had framed charges as against the appellant under Section 302/201 of the Indian Penal Code, 1860.

3. The case of the prosecution at the trial was that PW 1 had noticed a cartoon lying at the left side of the foot path in front of the main gate of the gym since morning. At about 9:45 A.M, he had noticed two police person standing at the side. He had reported to such police persons about the cartoon box. When the police per