KRISHNA KANTA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 12th April, 2007 and 13th April, 2007 passed by the learned Additional Sessions Judge, Bongaon, North 24 Parganas in Sessions Case No. 16(8) of 2006 in Sessions Trial No.1(2) of 2007 convicting the appellant for commission of offence punishable under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for one month more.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 07.6.2006 at about 8.30 P.M. Tustupada Das (P.W.1), father of the victim Pratap bought spices from Jeala Bazar and asked his son to take it to his residence for cooking meat. Pratap proceeded to his residence in a bicycle along with his friend Mahadeb (P.W.16). P.W.1 returned home at 10.30 P.M. and his wife informed him that after handing over the spices Pratap had again left the house with Mahadeb.

(3.) When Pratap did not return home, they started to search for him. P.W.1 came to know that Pratap had initially gone to the house of the appellant along with Mahadeb. As they could not find the appellant at home, they went to the market and after returning from the market they had again gone to the house of the appellant.