JUDGMENT

Looking to the long pendency of this criminal appeal instead of hearing the application for suspension of sentence, with the consent of the parties same is heard finally.

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1. Appellant has preferred this appeal under section 374 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) against the judgment of conviction dated 30.12.2011, passed by Additional Sessions Judge to the Court of Second Additional Sessions Judge (Fast Track Court) Jobat in Sessions Trial No.114/2011, whereby he has been convicted 302 and 323 of I.P.C. and sentenced to undergo life imprisonment and six months R.I. with fine of Rs.500 for the offence punishable under section 302 of I.P.C. with default stipulation.

2. The case of the prosecution, in brief, is as follows: -

(a) As per the prosecution story on 24.4.2011 at about 19:30, the complainant Walsingh (PW-1) gave information to the Police Station Chandpur that he along with his wife Dhanibai (hereinafter referred to as '' Deceased'') and son Ramsingh were in the home. The deceased was grinding spices, at that time appellant came there, who is the son of his wife from her first husband and told to her that what are you doing and you cooks th