(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction and sentence dated May 8, 2002 and May 10, 2002 respectively, passed by the learned Sessions Judge IV Court, Nadia in Sessions Trial No. VII of May, 2001 arising out of Sessions Case No. 4 of April, 2001. By the impugned judgment, the appellant was convicted for commission of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/- in default to suffer rigorous imprisonment for six months.
(2.) The prosecution case, in brief, is that on November 7, 2001, in the morning PW-1 received an information from the masons and other labourers that Tentul Ghosh, the victim, engaged by him as guard to look after his under construction house at holding No. 79/4 of Ward No. 3 at Sarkarpara, Nabadwip had been murdered. He then rushed to that place and found the victim lying dead on a cot beneath the staircase with fatal injuries and one blood-stained "sabol' was also found by the side of the said cot.
(3.) P.W.1 then went to the Nabadwip P.S. and lodged a written complaint (Ext.1) stating therein that on November 7, 2000 at night some building materials such as iron rods, bamboos, wooden planks were stolen away from the site of his said under construction building and on 10.11.2000 those materials were recovered from the house of appellant. In order to prevent repetition of any theft, he then engaged the victim as guard and due to his constant watch, the appellant's repeated attempts to commit theft of the building materials failed and for this the appellant used filthy languages towards the victim and also threatened him of dire consequences in presence of masons. So, he was of the firm belief that appellant had killed the victim as his repeated attempts of theft of the building materials were restricted by the victim.