(1.) This appeal is directed against the judgment and order dated 3rd December, 2005 passed by the Ld. 1st Additional Sessions Court, Murshidabad in Sessions Serial No. 418/2004 corresponding to Sessions Trial No. 3/January, 2005 convicting the accused/appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs. 2,000/-, in default to suffer rigourous imprisonment of 2 months.
(2.) The facts are as follows:-
(3.) PW1 is the complainant himself, Sahamad Ali. In his evidence he has reiterated the contents of the complaint. He has stated that the accused who was also his 'Jamai' had his house at a distance of two kms. from the house of the complainant. On the date of the occurrence the accused had expressed the desire to spend the night in the house of his in-laws. It is further stated by PW1 that he has two rooms in his house, out of which one room was lying vacant. On the fateful night his daughter and the accused occupied the vacant room.
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