JUDGMENT :

GAURANG KANTH, J.

1. The Appellant Nishi Sarkar @ Santanu has preferred the present appeal challenging the Judgment dated 30.05.2001 and Order of Conviction dated 31.05.2001 (“Impugned Judgments”) passed by the Additional Sessions Judge, 1st Court, Howrah in Session Trial Case No. XI (July) of 2000 (G.R. Case No. 488 of 2000). Vide the said Impugned Judgments, the Ld. Trial Court was pleased to convict the accused under Section 302 Indian Penal Code, 1860 and sentenced him to suffer rigorous imprisonment for life and also to pay fine of Rs. 2000/- in default, to suffer further rigorous imprisonment for 3 months for the offence under Section 302 of I.P.C.

GENESIS OF THE CASE

2. On the written complaint filed by the de-facto Complainant i.e. the wife of the deceased vide G.D. Entry No. 1394 dated 19.03.2000, an FIR bearing No. 35 dated 20.03.2000 was registered at Liluah Police Station.

3. It has been stated by the Complainant in her complaint that on 19.03.2000 at 9:30 PM, the de-facto Complainant was sitting at the main door of her house. She saw her son-in-law, i.e. the Appellant/Accused, coming towards their house looking for her husband, Damu Bose alias Swapan Bose (deceas