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 other parts of his body. When Tralokya's elder sister, Anjana Saikia (PW2), tried to stop the accused, the accused chased her by holding the axe in his hand with a view to assault her. The accused reacted in the similar manner, when others tried to stop him. On coming to know from Apurba Saikia, a co-villager, on phone, that Bircha Kurmi was moving around with an axe in his hand and had already killed Tralokya Saikia, Krishna Mahato, the village headman, informed, over telephone, the Officer-in-Charge, Digboi Police Station, and police accordingly came to the place of occurrence and, having found Tralokya Saikia's dead body lying near his said hardware shop, held inquest over the said dead body, which was also subjected to post mortem examination.

(ii) During investigation, police apprehended the accused, while he was still carrying the axe in his hand and the said axe was seized by Seizure List (Ext. 4), Mat. Ext. 1 being the seized axe. Later on, an Ejahar was formally lodged by Anjan Saikia (PW1), brother of the said deceased Tralokya, at Digboi Police Station and, treating the said Ejahar as First Information Report (in short, FIR), Digboi Police Station Case No. 107/2008, under Section 302 IPC, was registered against the accused. On completion of investigation, police laid charge-sheet, under Section 302 IPC, against the accused.

2. At the trial, when a charge, under Section 302, was framed against the accused, he pleaded not guilty thereto.

3. In support of their case, prosecution examined altogether 12 (fourteen) witnesses. The accused was, then, examined under Section 313 Cr.PC and, in his examination aforementioned, the accused denied that he had committed the offence, which was alleged to have been committed by him, his case being that of denial. 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 passed against him, the accused, as a convicted person, has preferred this appeal.

5. We have heard Mr. R. Adhikary, learned counsel, as amicus curiae, and Mr. H. Sharma, learned Additional Public Prosecutor, Assam.

6. While considering the present appeal, it may be noted, at the very outset, that it has not been in dispute that the doctor (PW10) was the one, who had, on 02.08.2008, performed post mortem examination on the dead body of Tralokya Saikia and found as follows:

External appearance: Male dead body, average built, wearing pink gray sporting, black track suit and blue underwear. Rigor mortis present.

Injuries: (1) Deep sharp cut injury over right upper part of the neck 6" in length and deep cutting muscles, vessels and part of