JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this appeal the judgment of conviction dated 02.12.2006 and the order of sentence dated 04.12.2006, as passed by the Learned Additional District and Sessions Judge, 3rd Fast Track Court, Bichar Bhavan, Calcutta, in connection with Sessions Trial No. 1 of January, 2003 arising out of Sessions Case no. 58 of 2002 has been impugned. By the impugned judgment learned trial court found the appellant guilty under Section 302 IPC and thus convicted and sentenced him to suffer R.I for life and to pay fine of Rs. 5000/-i.d. to suffer further R.I for one year. The convict of the said trial felt aggrieved and thus preferred the instant appeal.

2. For effective disposal of the instant appeal the facts leading to initiation of the aforesaid sessions trial is required to be discussed in a nutshell.

3. One Ibrar Chowdhury @ Tinku of 6/14 Nilmani Halder Lane, Kolkata-700013 gave a statement on 16.01.2002 to one Partha Sarathi Mukherjee (PW15), S.I of Taltala Police Station to the effect that his father Farookh Chowdhury is the owner of a hotel namely ‘Sanjar