C.R. Sarma, J.

1. This appeal is directed against the judgment and order dated 28.2.2005 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 51(JJ) of 2004. By the impugned judgment and order, the learned Sessions Judge convicted and sentenced the appellant for the offence under Section 302 of the Indian Penal Code, (hereinafter referred to as 'IPC') and sentenced him to suffer life imprisonment and pay fine of Rs. 1000/-, in default, suffer rigorous imprisonment for another period of six months. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal from jail. We have heard Mrs. Anupama Devi, learned amicus curiae, appearing for the appellant and Mr. D. Das, learned Addl. Public Prosecutor, appearing for the State respondent.

2. The prosecution case, in brief, may be stated as follows:-

On 8.12.2003 at about 10 A.M. at a tea estate, called Meleng tea estate, under Teok police station, a quarrel had taken place between the appellant and his brother, namely, Manik Karmakar (since acquitted) on one hand, and Sri Bali Nayak (hereinafter referred to as deceased), aged about 66 years, on the other hand. In the s