Rajasekhar Mantha, J.:

1. The present appeal is directed against judgment and order of conviction dated 22.02.2010 passed by the learned Additional Sessions Judge, 2nd Fast Track Court Contai, Purba Medinipur in Sessions Trial No. 35/October/2006. The appellant was convicted under Section 302 of the IPC . The appellant was sentenced to life imprisonment and to pay a fine of Rs 10, 000. In default thereof, he was directed to further undergo a simple imprisonment of 2 years. The period detention already undergone was directed to be set off from the imprisonment imposed.

THE PROSECUTION CASE

2. The case in the complaint is that on 30th of July, 2001 at about 8:00 A.M., PW 1, the father of the victim came to know that the appellant and his elder brother were beating the victim, who was the wife of the appellant. He rushed to the house of the victim and was severely assaulted by the appellant thereat. PW 1 was taking his daughter to the local Police Station for lodging a complaint to that effect. However, they were intercepted by Bhudev Majhi, a friend of the appellant, who forcibly took the the victim, away.

3. The victim went back home and her father left the same day assuring the victi