Iqbal Ahmed Ansari, J.

1. This is an appeal against the judgment and order, dated 07.07.2008, passed, in Sessions Case No. 76 of 2007, by the learned Addl. Sessions Judge (FTC), Dibrugarh, convicting the accused-appellant, Sarju Teli, under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of 5 (five) months. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(i) On 22.03.2007, at about 6 PM, deceased Biplab Dey @ Dabloo Dey, in the company of accused Sarju Teli, went, in completely drunken state, to the house of Petra Karmakar and left the said house after some time and, on that very night, Dabloo Dey's dead body was found lying on the village path.

(ii) On the night of the occurrence itself, at about 7.30 PM, the accused came to the house of Babu Karmakar (P.W. 1), son of the said Petra Karmakar, who is also father of Rupa Karmakar (P.W. 7) and told him (P.W. 1) that he (accused) had killed Dabloo Dey at his (Babu Karmakar's) native house.

(iii) On being so informed, P.W. 1 went to his native house, and found Dabloo lying on the road, but at that time, Dabloo was alive, though he had injured on his head, which was bleeding, whereupon P.W. 1 went to the VDP Secretary, Mohan Gogoi (P.W. 4), and told him about the occurrence. Mohon Gogoi (P.W. 4) accordingly went to the place, where Dabloo was found lying dead, and, then, Mohan Gogoi (P.W. 4) informed, over telephone, the police, at Milan Nagar Police Outpost, that one Sarju Teli had committed murder of Dabloo Dey by assaulting him with an iron rod.

(iv) A General Diary Entry (in short, "GD Entry") being No. 475, dated 23.03.2007, was made, in this regard, and acting upon the GD Entry, so made, the Investigating Officer (P.W. 8), who was the Officer-in-Charge of Milan Nagar Police Outpost, came to the place of occurrence, held inquest over the said dead body and seized one iron rod, which was found lying near the place of occurrence. While the Investigating Officer was returning to his outpost, he saw the accused coming towards the outpost and arrested him.

(v) On the following day (i.e., on 23.03.2007), Dabloo Dey's father, Sabtosh Dey, lodged a written Ejahar, at Milan Nagar Police Outpost, alleging to the effect that accused, Sarju Teli, had killed his (informant's) son, Dabloo Dey, by assaulting him with an iron rod.

(vi) Treating the said written Ejahar (Ext. 3) as First Information Report (in short, 'FIR'), Dibrugarh Police Station Case No. 115/2007, under Section 302 IPC, was registered against the accused, Sarju Teli, and, on completion of investigation, the police laid charge-sheet against the accused, Sarju Teli, under Sections 302 IPC.

2. At the trial, the accused pleaded not guilty to the charge, framed against him, under Section 302 IPC.

3. In support of their case, prosecution examined altogether 9 (nine) witnesses. The accused was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, he denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that of denial. However, while denying his involvement in the assault on, and killing of, Dabloo Dey, the accused admitted that he did go to Babu Karmakar (P.W. 1) and informed him (P.W. 1) that Dabloo was lying dead. In this regard, the accused further stated, in his examination under Section 313 Cr.P.C., that he had stated before P.W. 1 that people were suspecting him (accused) to be involved in the killing of Dabloo Dey. No evidence was adduced by the defence.

4. Having, however, found the accused guilty of the offence, which he stood charged with, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above. Aggrieved by his conviction and the sentence, which was passed against him, the accused, Sarju Teli, as a convicted person, has