I.A. Ansari, J.

1. This appellant herein, namely, Bapdhan Bordoloi, has preferred this appeal against the judgment and order, dated 30.01.2006, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 60 of 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 of payment of fine, suffer rigorous imprisonment for a further period of one year. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

2. The accused-appellant, Bapdhan Bordoloi, and Sakta Bordoloi (since deceased) were cousins, their houses being located adjacent to each other with no boundary fencing between the two houses. On 14.04.2005, at about 10 pm, both the cousins had their meals together and, on that day, Sakta's wife, Dipali Bordoloi (PW1), their eldest son, Bhakta Bordoloi, aged about 10 years, and other family members were present at the house of Sakta. Having had their dinner, when the family members of Sakta were present in their courtyard, the accused, suddenly, came there with a heavy split bamboo and gave a blow with the same on the head of Sakta, Sakt