T. Vaiphei, J.

1. This criminal appeal is directed against the judgment dated 17-4-2009 passed by the learned Sessions Judge, Sivsagar, Assam convicting the appellant under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of ` 1,000/- and, in default thereof, to suffer rigorous imprisonment for three years. The facts giving rise to this appeal may be noticed immediately. According to the prosecution, on 30-6-2006, an FIR was lodged by one Mantu Chetia with the Nazira Police Station alleging that on that day at about 8-30 AM, the appellant, who is his brother-in-law, had done to death his friend, Prasanta Barho ("the deceased") in the bedroom of his (Mantu) house by means of dao while both of them were on a visit to his house. On receipt of the FIR, the Officer-in-charge of Nazira P.S. registered a regular case being Nazira P.S. Case No. 74/2006 U/s. 302 IPC and thereafter took up investigation of the case by himself. After investigation of the case, the police charge-sheeted the appellant under Section 302 IPC to stand the trial. On commitment, the learned Sessions Judge framed the charge against the appellant U/s. 302 IPC, who pleaded not guilty t