The absence of motive does not negate culpability for murder when direct eyewitness testimony establishes intent and the act committed.

1. This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentenced dated May 24, 2007 and May 25, 2007 respectively passed by the learned Additional District and Sessions Judge, Fast Track Court II, Bongaon, North 24 - Parganas in Sessions Trial No. 9(4) 2004 arising out of Sessions Case No. 29(3) 2004 and GR Case No. 735/2003. By virtue of impugned judgement appellant was convicted for commissioning of the offence punishable under S.302 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for six months with a direction for set off under the provisions of S.428 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.)

2. The prosecution case, in brief, is that on October 27, 2003 at about 8.00 p.m. when the victim, Chandan Das @ Sintu, was going in the immersion procession of the idol of Maitri Sangha then in front of Hospital Kali Bari on Bongaon Chakdah Road appellant Babu Gayen suddenly stabbed the victim by a knife on his waist causing bleeding injuries therefrom. Victim was then taken to the Bongaon Hospital by but considering the seriousness of the injuries attending doctor advised to take him to Kolkata but on the way to Kolkata at about 9.30 p.m. victim died. The dead body of the victim was then brought back to the Bongaon Hospital.

3. P.W.1, mother of the victim, then lodged a complaint on the same night at the Bongaon P.S. at 00.50 hours and accordingly on the basis of said complaint Bongaon P.S. Case No. 276 dated October 28, 2003 under S.302 IPC was started against the Appellant Babu Gayen by P.W.7. Case was then endorsed to S.I., Nemai Chandra Santra, since deceased, for investigation.

4. Inquest over the dead body of the victim was held at the Bongaon SD Hospital Morgue on October 28, 2003 at 9.05 a.m. by S.I., Nemai Santra, since deceased, in presence of P.W.3, P.W.5, Sukdeb Roy and Dhiman Biswas. Post Mortem examination over the dead body of the victim was held by P.W.8 on October 2003 at 11 a.m.

5. Subsequently investigation was taken up by P.W.10 who then investigated this case and on completion of investigation submitted charge sheet against the accused / appellant under S.302 IPC.

6. Charge was framed against the accused / appellant on April 21, 2004 under S.302 IPC and when the appellant denied his involvement in the crime, trial commenced.

7. Prosecution examined 10 witnesses and also produced and proved the written complaint, formal FIR, inquest report, PM report etc. Thereafter on completion of trial and after examination of the appellant under S.313 Cr.P.C. learned trial Judge passed the impugned judgement.

8. Mr. Jayanta Narayan Chatterjee, learned Advocate appearing for the appellant submitted that the impugned judgment, order of conviction and sentence are not sustainable in law for the following reasons: -
1. The evidence of P.W.2, P.W.3, P.W.4, P.W.5 and P.W.6 who were projected by the prosecution as eye witnesses were not believable as there was no scope for them to witness the alleged incident in view of large number of people present in the procession and their position in the said procession.
2. Place of occurrence was also not proved beyond doubt.
3. The weapon of offence reportedly used by the appellant in the commission of the offence was not recovered which creates a doubt to the prosecution story.
4. Injury report did not contain any history of assault.
5. The motive behind the commission of the offence alleged has