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3. On receipt of the FIR, the Officer In-Charge, Bheloguri Police Station registered the same as Bheloguri Police Station Case no. 37 of 2015 under Section 302, IPC on 30.06.2015 and took up the investigation of the case himself.

4. Prior to institution of the FIR on 30.06.2015, Bheloguri Police Station received an information telephonically at 09-45 p.m. on 29.06.2015 from one Amsar Ali, a Secretary of the Village Defence Party [VDP]. It was telephonically informed that a murder had taken place at Hahsora Village. On receipt of the telephonic information, an entry was made in the General Diary of Bheloguri Police Station vide General Diary Entry no. 573 dated 29.06.2015. After registering General Diary Entry no. 573, the Officer In-Charge, Bheloguri Police Station & Investigating Officer [I.O.] proceeded to the place of occurrence [P.O.], that is, the house of the deceased, Giyas Uddin with a team of Police personnel. Going there, the I.O. who testified as P.W.8, found the deadbody of the deceased, Giyas Uddin lying on the floor and the accused-appellant [hereinafter also referred as 'the appellant', for short, at places, for easy reference] being kept detained there. He found a dagger with the appellant and the same was seized by a seizure list. As it was dark and there was little light in the room where the deadbody was lying, according to the I.O. [P.W.8], inquest proceeding could not be done that night. The I.O. brought the appellant to the Police Station. It was on the following day, that is, on 30.06.2015, the Officer In-Charge, Bheloguri Police Station & I.O. received the FIR in writing from the informant, Mainul Hoque. The appellant was arrested and after arrest, he was forwarded to the Court of the jurisdictional Magistrate. On being produced before the jurisdictional Magistrate's Court on 30.06.2015, the appellant was sent to judicial custody.

              Ext.-4        General Diary Entry dated 29.06.2015
              Ext.-5        Ejahar
              Ext.-6        Inquest Report
              Ext.-7        Sketch Map
              Ext.-8        Charge-Sheet
              Material Exhibit
              Mat. Ext.-1   A Dagger

14. In his evidence-in-chief, P.W.1 deposed to the effect that the occurrence took place at around 09-00/10-00 p.m. on a day during the last Ramzan month.

P.W.1 stated that at that time, he was in his own house, which was across the road in front of the house where the appellant and the deceased used to be inmates. Having heard disturbance from the house of the appellant and the deceased, P.W.1 went there and his other brothers also assembled there. He found the door of the house closed from inside. Then by forcibly opening the door, they went inside the house and going inside the house, they saw that their father was lying on the ground in an injured condition and the appellant was standing there holding a dagger in his hands. Then, they caught hold of the appellant and tied him with a rope to keep him detained there. P.W.1 stated that after a shortwhile, their father who sustained injuries on his person, died. Information was given to Police and Police personnel arrived at the P.O. after an hour. The Police personnel seized the dagger in their presence and he gave his thumb impression in the Seizure List. P.W.1 further stated that he had seen the dagger, which was seized by the Police, in the Court during his testimony. P.W.1 further stated that he filed the FIR.

20.1. In cross-examination, P.W.6 stated that he did not mention in the Post-

Mortem Examination Report about the type of weapon used and the approximate time duration from death. He further stated that there were five injuries on the person of the deceased.

21. The I.O. who testified as P.W.8, deposed about the manner in which the investigation was carried out, as mentioned in Paragraph 4 hereinabove. P.W.8 exhibited the General Diary Entry no. 573 dated 29.06.2015 as Ext.-4. He further stated that he seized the dagger in presence of witnesses by way of a Seizure List, Ext.-1 and he identified his signature therein as Ext.-1[4]. He further stated that he questioned the appellant regarding the incident and having found materials, he arrested the appellant. P.W.8 exhibited the FIR as Ext.-5 and also identified his signature therein as Ext.-5[1]. The dagger which was seized vide Ext.-1, Seizure List, was exhibited by P.W.8 as Material Ext.-1. P.W.8 also exhibited the Inquest Report, the Sketch Map of the P.O. and the Charge-Sheet as Ext.-6, Ext.-7 and Ext.-8 respectively. P.W.8 also identified his signatures in Ext.-6, Inquest Report as Ext.-6[1] and Ext.-7, Sketch Map of the P.O. as Ext.-7[1]. P.W.8 stated that he almost completed the investigation and it was Abdus Sattar Choudhary, Sub- Inspector of Police who finally submitted the Charge-Sheet, Ext.-8. P.W.8 identified the signature of Abdus Sattar Choudhary in Ext.-8 as Ext.-8[1].

[xi] Finding the appellant also near his father who was lying injured on the floor, with a dagger in his hands, the appellant was caught hold of and thereafter, he was kept tied there with a rope; [xii] The Post-Mortem Examination Report [Ext.-2] and testimony of the Autopsy Doctor [P.W.6] revealed that the deceased sustained five piercing wounds on his person;

[xiii] The deceased breathed his last immediately after the arrival of the prosecution witnesses, P.W.1, P.W.2 and others; [xiv] Information was received telephonically at Bheloguri Police Station at around 09-45 p.m. on 29.06.2015, which was registered as General Diary Entry no. 573 dated 29.06.2015 and the Police personnel proceeded to the P.O. immediately thereafter; and [xv] At the time of arrival of the Police personnel at the P.O., the appellant was found at the P.O. and he was kept tied at the P.O. with a rope. A dagger was also seized by the Police personnel at the P.O.