S.C. Das, J.

1. This criminal appeal under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence, dated 20.11.2006, passed by learned Addl. Sessions Judge, Dharmanagar, North Tripura, in case No. S.T. 3 (NT/D) of 2006, whereby learned Addl. Sessions Judge found the accused-appellant, Indraban Chakma @ Bijimua, guilty of committing offence punishable under Section 302 of IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 10,000/- (rupees ten thousand), in default of payment of fine to suffer further RI for one year. Heard learned counsel, Mr. Ratan Datta for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

2. Fact of the case may be summarized thus:-

2.1 The deceased, Yudhya Kr. Chakma was the brother-in-law (sister's husband) of accused Indraban Chakma. Both were the residents of Ugalcherra, a remote tribal hamlet, under PS Pecharthal, North Tripura. On 01.09.2005, at about 9.00/10.00 pm, the accused Indraban came to the house of Yudhya Kr. and was demanding Yudhya Kr. and his family to vacate their homestead land claiming that the land belonged to him (accused). On that issue he picked up quarrel with Yudhya Kr. and his wife Ajanta and/or Anjana (PW 9) and at that time, suddenly, the accused taken out a dagger/bhojali (a sharp cutting pointed weapon) and struck severe blow on the belly of the deceased in presence of his wife (PW 9) and their children (PWs 2 and 3), as a result, Yudhya Kr. received severe injury and smeared with blood. PW 9, the wife of the deceased, tried to resist her brother Indraban, but she was pushed down. On the alarm raised by PW 9 and her children neighbouring people, including PWs 1, 10, 11 and others rushed to the spot and found Yudhya Kr. with bleeding injury and he was not in a position to speak. PW 1, a nephew of Yudhya Kr. (sister's son), and PWs 11 and 10 (brother and brother's wife of deceased) along with PW 9 (wife of the deceased) shifted Yudhya Kr. to Pecharthal hospital on that night itself, from where he was referred to RGM hospital (District hospital) at Kailashahar and, on the following morning, at about 8.30 am, he succumbed to the injuries. After assaulting Yudhya Kr., the accused left the place leaving the dagger/bhojali near the bamboo fencing. A. Police officer of Kailashahar P.S. prepared inquest report over the dead body and thereafter arranged for postmortem examination of the dead body. On that day in the afternoon, PW 1 went to Pecharthal PS and narrated the occurrence, which was reduced into writing by SI Bidhu Bhushan Das (PW 19), O/C of the PS and, accordingly, he registered Pecharthal PS Case No. 42 of 2005 under Section 302 of IPC and took up investigation.

2.2 In course of investigation, I.O. examined material witnesses and recorded their statements under Section 161 of Cr.P.C., prepared hand-sketch map of the place of occurrence, seized the weapon of offence, i.e. the dagger/bhojali by preparing seizure list, arrested accused Indraban Chakma, collected inquest report(Exbt. 8) from Kailashahar PS, which was prepared by ASI, Sankar Biswas at RGM hospital and also collected postmortem report (Exbt. 5) from RGM hospital and, thereafter, submitted charge sheet.

2.3 Cognizance was taken on the basis of the charge sheet and, thereafter, on commitment of the case to the Court of Addl. Sessions Judge from the Court of Judicial Magistrate, charge under Section 302 of IPC was framed against the accused to which the accused pleaded not guilty and claimed to be tried.

2.4 In course of trial, prosecution examined as many as nineteen witnesses, namely:

PW 1, Sri Sindhumoni Chakma,

PW 2, Smt. Sandhya Rani Chakma,

PW 3, Sri Jayanta Chakma,

PW 4, Sri Indramohan Chakma,

PW 5, Sri Matilal Chakma,

PW 6, Sri Hiralal Chakma,

PW 7, Sri Nabadwip Chakma,

PW 8, Sri Bhagyaban Chakma,

PW 9, Smt. Ajanta Chakma,

PW 10, Smt. Santipati Chakma,

PW 11, Sri Purna Kr. Chakma,

PW 12, Sri Santi Ranjan Chakma,

PW 13, Sri