1. This appeal is directed against the judgment and order of conviction dated 20 March, 2009 and 23 March, 2009 passed by the Learned Additional District and Sessions Judge, F.T.C, North 24 Parganas in Sessions Trial No.03(11) / 2007 arising out of Sessions Case No.28(5) of 2007 convicting the appellant under S.302 of the Indian Penal Code (IPC) and sentencing the appellant to suffer life imprisonment and also pay a fine of Rs.5000.

2. The prosecution case in brief is that information was lodged by Sri Bishnupada Baidya, the son of the Bonochari Baidya (the deceased). The information disclosed that on 28 November, 2006 in the evening the appellant had gone out of his house for work. The deceased (his father) and his elder brother, Dipankar Baidya (the appellant) were at home. At around 10.30 P.M., when the complainant was returning home he was informed by his neighbour one Utpal Sarkar that the appellant has struck his father with an axe and as a result, thereof his father had succumbed to injuries. On reaching home, the complainant, found his father bleeding and lying in the room. The complainant also found the appellant with an axe in his hand. It was also stated in the complain