B.K. Sharma, J.

1. This appeal is directed against the judgment dated 17/05/2008 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 96(JJ)2005 convicting the accused appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 5,000/- and in default RI for 3 (three) months. The prosecution case is that one Dawood Munda and his wife Samari Munda were issueless and accordingly the accused appellant, the son of his brother-in-law was kept in their house as adopted son. On 31.5.2005 when Samari Munda came home at about 11 pm from a rehearsal of a play, she discovered her husband lying in a pool of blood. The accused appellant was found absconding. FIR dated 1.6.2005 was lodged by her, on the basis of which Teok PS case No. 42/2005 was registered under Section 302 IPC. After completion of the investigation, the police submitted charge sheet on the basis of which charge against the accused appellant was framed under Section 302 IPC. During trial, the prosecution examined 10 witnesses and the defence examined none. However, the statement of the accused appellant was recorded under Section 313 Cr.P.C., during which he denied com