I.A. Ansari, J.

1. This is an appeal against the judgment and order, dated 10.05.2006, passed, in Sessions Case No. 39(BGN)/1999, by the learned Sessions Judge, Bongiagaon, convicting the accused-appellant under Section 302 I.P.C. and sentencing him to suffer imprisonment for life and pay fine of Rs. 1,000/- and, in default, suffer simple imprisonment for a period of six months. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under :

(i) On 02.09.1997, at about 2.30 p.m., Parama Roy (since deceased) was sleeping on a mat at the gateway of his house and his daughter, Konika Roy (PW 6), was plucking his gray hair. Accused-appellant, Banamali Singha, came on a bicycle carrying a dao in the carrier of a bicycle and, on reaching the house of Parama Roy, the accused-appellant hit Parama's head by the front wheel of his bicycle, while Parama was sleeping. The accused-appellant, then, dismounted from the bicycle, took out a dao from the carrier of the bicycle and inflicted two blows, on the neck of Parama, by means of the dao. When PW 6 offered resistance, she was pushed away. After giving blows with dao, as indicated hereinbefore, the accused-ap