JUDGMENT :

B.R. GAVAI, J.

1. The appeal challenges the judgment and order dated 15th December 2008 passed by the High Court at Calcutta in Government Appeal No. 38 of 1987, thereby reversing the judgment and order dated 31st March 1987 passed by the Additional Sessions Judge, 4th Court, Burdwan (hereinafter referred to as “the trial court”) vide which the trial court had acquitted the appellant for the charge under Section 302 of the Indian Penal Code, 1860 (for short “IPC”). Vide the impugned judgment and order, the Division Bench of the High Court convicted the appellant for the offence punishable under Section 302 of the IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 2,000/- and in default of payment of fine, to undergo further imprisonment for a period of six months.

2. The prosecution case, in brief, as could be gathered from the material placed on record is thus:

On 11th March 1983, UD Case No. 7/83 was registered at P.S. Ketugram that the dead body of an unknown married woman aged about 25 years was lying in a field on the side of the railway track at Ambalgisan Railway Station. The lady appeared to have been murdered by a sharp cutting weapon. On the