U.B. Saha and S. Talapatra, JJ.

1. Appellant, Phol Singh Jhara, has been convicted under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default, of payment of fine, to suffer further R.I. for one year vide judgment, dated 11.5.2005, passed in Sessions Trial No. 14 (NT/K) 2005 by the learned Sessions Judge, North Tripura, Kailashahar. Aggrieved by and dissatisfied with the aforesaid order of conviction and sentence, the appellant preferred the instant appeal being criminal appeal No. 48 of 2007.

2. Heard Mr. S. Datta, Learned Counsel for the appellant as well as Mr. R.C. Debnath, learned P.P. In-charge of the case.

3. The prosecution case, in brief, is as follows :

Smt. Jhara, wife of the accused, appellant herein, used to reside in the dwelling hut at Golokpur Tea Estate situated within the village Nutan Tilla under P.S. Kailashahar along with her husband appellant and minor son, Sunil Jhara (PW 5). On 3.6.2004 at night about 9.00 p.m. accused Phol Singh murdered his wife Smt. Jhara in their dwelling hut by giving axe blow. At the time of commission of murder, the minor son of the accused appellant after se