GANESH TUDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 21st December, 1996 passed by the learned additional Sessions Judge, Balurghat, dakshin Dinajpur in Sessions Case No. 18 of 1994 arising out of G. R. Case No. 1226 of 1990 convicting the appellant-Ganesh tudu of the offence punishable under Sec-tion 302 of the Indian Penal Code and an order dated 23rd December, 1996 by which the convict was sentenced to Rigorous Im-prisonment for life for the aforesaid offence.

(2.) THE facts and circumstances of the case briefly stated are that the appellant-Ganesh Tudu killed his step-son Ganesh hansda on 11th November, 1990 while he was preparing to go to Bolla Mela accompa-nied by his friends Debu and Paltu.

(3.) FROM the evidence it appears that his mother Mani Murmu, widow of Bhola hansda married the accused-Ganesh Tudu about ten years prior to the incident. She, at that time, had her two sons by her first husband, the victim was one of them. After her marriage to the accused she begot two daughters, namely, Kalpana and Alpana and a son Gopinath.