Iqbal Ahmed Ansari, J.

1. By judgment and order, dated 05.06.2009, passed, in Sessions Case No. 178(M) of 2008, by the learned Additional Sessions Judge No. 2, FTC, Tinsukia, the accused-appellant, Bircha Kurmi, stands convicted under Section 302 IPC and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of three months. The case of the prosecution may, in brief, be described as under:

(i) Over the land of accused, Bircha Kurmi, there are as many as three shops. One of these shops is a shop for selling clothes, which is run by the accused; whereas another shop, which used to sell hardware materials, was, at the relevant point of time, being run by the deceased Tralokya Saikia in partnership with Bircha Kurmi's wife, Sabitri Kurmi (PW5), and Anjana Saikia, elder sister of the said deceased. Though there was apparently no discord and dispute between accused Bircha Kurmi, on the one hand, and Tralokya, on the other, the accused, on 02.08.2008, at about 8 am, came to the said hardware shop holding an axe in his hand and assaulted Tralokya, by means of the said axe, over the head and o