JUDGMENT :

Soumen Sen, J.

This is an appeal against an order of conviction for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’) passed by the learned Additional Sessions Judge, Fast Track, 3rd Court, Pachim Midnapur on 26.06.2008 in connection with S.T. Case no. XXXV/May/2007 arising out of Narayangarh P. S. Case no. 3/2007 and G.R. Case No. 67/2007.

1. The appellant-accused has been sentenced under S. 302 of I.P.C. to rigorous imprisonment for life and to pay a Rs fine. 5000/-in default to suffer rigorous imprisonment for one year and another term of 3 years of rigorous imprisonment and a fine of Rs. 1000 in default to rigorous imprisonment for five months for the offence under S. 498A of I.P.C. It had been instructed that both the sentences shall run concurrently.

2. Pithily summarized the facts of the case are as under;

3. Gurai Bhakta was married to Ahalya Bhakta, the victim. Their marriage took place twenty-five years ago from the date of alleged incident of murder.

4. On the fateful day of Makar Sankranti dated 15th January, 2007 it is alleged that the appellant/accused had a quarrel with the victim in the morning. He left the