ORDER

Ranjan Gogoi, J. - The accused appellant who has been convicted for the offence under Section 302 IPC and has been sentenced to undergo imprisonment for life is in appeal before this Court.

2. We have heard the learned counsels for the parties and perused the relevant record including the judgment passed by the High Court affirming the conviction and sentence.

3. Nand Kumar (PW-1), Pintu Kumar Sao (PW-2) and Devender Singh @ Rinku (PW-3) are the three witnesses examined by the prosecution whose evidence will require a close scrutiny.

4. Nand Kumar (PW.1) in his examination-in-chief has stated that he had seen the accused appellant standing next to the dead-body with a dangerous weapon. In the cross-examination, however, PW.1 had admitted that he had seen the actual assault and had gone to say that he had seen the last assault made by the accused on the head of the deceased.

5. Pintu Kumar Sao (PW-2) who claimed to have separated the accused and the deceased a little while before the incident, while they were altercating over some issue, denied seeing Nand Kumar (PW-1) or for that matter Devender Singh @ Rinku (PW-3) at the place of occurrence. Devender Singh @ Rinku (PW-3) is