Nishita Mhatre, J.

1. The appellant has been convicted under Section 302 of the IPC sentenced to suffer imprisonment for life with a fine of Rs.5000/-(Rupees five thousand only) and in default of payment of fine to suffer imprisonment for one year more by the Additional District and Sessions Judge, Fast Track Court, Alipurduar, by his judgment and order dated 22nd March, 2004.

2. A quarrel between two brothers has resulted in one of them dying. He was stabbed by the other brother with a knife. The case of the prosecution is based mainly on three witnesses, namely, the wife of the deceased and their two sons who are all eye-witnesses to the incident. Two brothers of the deceased who were examined as PWs 5 and 6 have been declared hostile. A neighbour, examined as PW 4, is not an eyewitness.

3. The Judgment under appeal has been criticized by the learned Counsel for the appellant by pointing out that the FIR was lodged after a delay of more than 24 hours. He further pointed out that the FIR did not mention that there was a quarrel between the appellant and the deceased, which led to the stabbing of the deceased. The learned Counsel has also drawn our attention to the fact