JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order dated 29.11.2007 passed by the Learned Additional District & Sessions Judge, Fast Track Court, Khatra, Bankura in Sessions Trial No.8(1)/2006 arising out of Sessions Case No.10(11)/2005 convicting the appellant under Section 307 of the Indian Penal Code and sentencing the appellant to suffer simple imprisonment for 7 years and to pay fine of Rs.5,000/- in default to suffer simple imprisonment for 1 year.

2. The prosecution case precisely stated on 27.10.04 at about 06:30 a.m., the complainant i.e., one Goutam Lohar of village Siarbani under Taldangra P.S. agitated his elder brother i.e., Uttam Lohar went to attend nature’s call at a nearby pond, when the appellant assaulted him with “Katari” and “Kurul (axe)” on his head, neck and different body parts for murdering him and instantaneously the victim fell on the ground and collapsed. The complainant and another elder brother i.e., Mangal Lohar rushed to the spot and saw the incident at a distance, while the appellant fled from the spot. His elder brother i.e., Uttam Lohar (the victim) and the wife of the appellant namely Smt. Bhakti Singh had