(1.) THIS appeal is directed against a judgment dated 17th December 2003 passed by the learned Additional sessions Judge, Fast Track Court, Alipurduar, in Sessions trial No. 18/2003 arising out of Sessions Case No. 5/2003 convicting the appellant under section 304 of the Indian penal Code and an order dated 17th December 2003 by which the appellant was sentenced to imprisonment for life as also to pay fine of Rs. 5000/-, in default to suffer further imprisonment for a period of one year for the offence punishable under section 304 of the Indian Penal code.
(2.) BRIEFLY stated the facts and circumstances of the case are as follows:-
(3.) P. W. 10 deposed as follows:-