I.A. Ansari, J.

1. This is an appeal against the judgment and order, dated 28.05.2007, passed, in Sessions Case No. 107(NL)/2006, by the learned Additional Sessions Judge (FTC), North Lakhimpur, convicting the accused-appellant under Sections 302 and 201 IPC and sentencing him to suffer, for his conviction under Section 302 IPC, imprisonment for life and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of one year and also to undergo, for his conviction under Section 201 IPC, rigorous imprisonment for three years and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one year, both the sentences having been directed to run concurrently. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) Bishnu Bahadur Chetri (since deceased) was the elder brother of accused Kul Bahadur Koirala Chetry. On 23.10.2005, at about 7.30 am, a quarrel took place between, the two brothers. Following the quarrel, Bishnu slapped the accused. Enraged by the slap, given by his elder brother, the accused pushed his brother to the ground, picked up an axe and gave blow with the same on his brother, Bishnu Chetri. When Bishnu was lying injured on the ground, the accused gave further blows on Bishnu. Having received grievous injuries, Bishnu Chetri died. The accused, then, dragged the dead body to a drain located nearby and, with the help of a spade, buried the said dead body in order to screen himself from being caught as an offender. The quarrel between the two brothers aforementioned, the act of slapping of the accused by his elder brother and retaliated blows by the axe, given by the accused on his elder brother, were all witnessed by P.W. 3 and P.W. 4, who are female persons, and whose houses are situated in front of the house of the accused.

(ii) After having killed his brother, as indicated above, the accused went to the houses of P.W. 3 and P.W. 4 making enquiry from them if they had seen his elder brother, Bishnu. Scared and frightened, both the ladies, namely, P.W. 3 and P.W. 4, expressed their ignorance about the whereabouts of Bishnu, because no male member was, at that point of time, present in their respective houses. When P.W. 6, father of P.W. 3, returned home, P.W. 3 informed him about what the accused had done. Similarly, P.W. 4 also informed her husband (P.W. 5), when the latter returned home. P.W. 5 and P.W. 6, in turn, informed their co-villagers and, on hearing what had happened, the co-villagers of the accused came to the house of the accused, apprehended him and, on enquiry made by them, he confessed to have killed his brother, Bishnu. The police was, then, informed by Tanka Kumar Chetry by way of a written Ejahar at Dolahat outpost. Having made G.D. Entry No. 364, dated 23.10.2005, in this regard, the in-Charge, Dolahat outpost, sent the said Ejahar to Laluk Police Station. Treating the said Ejahar as First Information Report (in short, FIR), Laluk Police Station Case No. 123/2005, under Sections 302 /201 IPC, was registered against the accused.

(iii) During investigation, police visited the place of occurrence, held inquest over the said dead body, got post mortem examination performed over the said dead body and, on completion of investigation, submitted charge-sheet, under Sections 302 /201 IPC, against the accused.

2. During trial, when charges, under Sections 302 and 201 IPC, were framed against the accused, he pleaded not guilty thereto.

3. In support of their case, prosecution examined altogether 8 (eight) witnesses. The accused was, then, examined under Section 313 Cr. P.C. and, in his examination aforementioned, he denied to have committed the offences, which were alleged to have been committed by him, the case of defence being that of denial. No evidence was adduced by the defence.

4. However, having found the accused guilty of the offence, which he stood charged wit