Mutum B.K. Singh, J.

1. Being aggrieved by the impugned judgment dated 17.11.2005, passed by the learned Sessions Judge, Morigaon in Sessions Case No. 83/2005, convicting the accused under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life with a fine of Rs. 10,000 (Rupees ten thousand), in default, to undergo rigorous imprisonment for another 5 (five) years, this appeal has been filed by the accused (Appellant herein).

2. Heard Mr. M. Dutta, learned amicus curiae appearing for the Appellant and also Mr. Z. Kamar, learned Public Prosecutor appearing for the State.

3. On the basis of a report lodged by one Allaluddin (PW No. 1) against the accused and 4 (four) others alleging that on 11.6.2005 at about 5:30 a.m. his son, namely, Fakrul Islam was hacked with a "khukuri" on his neck by the accused and he died in the courtyard of Abdul Ali, Laharighat PS Case No. 38/2005 under Section 302/34, IPC was registered and set on motion.

4. On 11.6.2005, a dao was seized as delivered by PW No. 8, Mustt. Hafiza Khatun and also recorded the statement of the other witnesses. On 12.6.2005, the accused was arrested and on 13.6.2005, at about 4 p.m., the accused was pr