Pathak, Ag. C. J. :- This appeal from Jail is directed against the judgement and order dated 8-11-79 passed by the learned Sessions Judge, Kamrup, Gauhati in Sess. Case No. 115 (K-G) of 1977, whereby the appellant was convicted under Sec. 302. I.P.C. and sentenced to rigorous imprisonment for life.

2. A brief narration of the fact leading to the present appeal is that deceased Thaneswar who was originally a man of Urput village shifted to Rongpur village before the date of occurrence. At Rongpur village he purchased a plot of land near the house of his niece, Niroda Kalita (P.W. 8), his sister's daughter married to P.W. 7. Amrit Kalita, as the construction of his house was not complete he staved with P.W. 7. Amrit Kalita temporarily. On the date of occurrence on 11-12-75 he went out for Some purpose and it was at about 9 P.M. somebody attacked him with a dagger near his house under construction. On receipt of the injury he gave a scream and on hearing cry of distress of the deceased, his niece P.W. 8. Niroda Kalita, who happened to come out at that moment to throw out the kitchen rubbish, raised alarm and also called her husband to come out. At her call her husband P.W. 7 c