A.C. Upadhyay, J.

1. This appeal is directed against the judgment and order dated 2.6.2005 passed by the 2nd Addl. Sessions Judge, Sivasagar in Sessions Case No. 75(S-C)/2003, whereby, the appellant was convicted under Section 302 and 326 IPC and sentenced to undergo Rigorous Imprisonment for life and also to pay a find of Rs. 2,000/- with default stipulation of three (3) months imprisonment, for commission of offence under Section 302 IPC and to undergo RI for two (2) years and to pay a fine of Rs. 500/- with default stipulation of one (1) month imprisonment, for commission of offence under Section 326 IPC. The prosecution story is that on 10.4.2002, Md. Noor Hussain lodged an Ejahar (Ext-1) at Moranhat Police Station, stating, inter alia, that on the same day at about 10 A.M. quarrel took place in between two brothers White Ali and Md. Raju Ali, in respect of some domestic disputes. The appellant gave blows with a Mechi Dao on Raju Ali and his wife Mrs. Albina Begum, for which both of them sustained grievous injuries on their person. As a result of the injury sustained Albina Begum died at the place of occurrence and the injured Raju Ali (PW-10) was shifted to hospital, for treatment of his injuries.

2. On receipt of the Ejahar aforesaid, the Officer-in-Charge of Maranhat Police Station registered a case and launched investigation. In the course of the investigation, the Investigating Officer carried out the inquest on the dead body of the deceased Albina Begum and also prepared the inquest report. The injured Raju Ali (PW-10), was taken to Assam Medical College Hospital, Dibrugarh for treatment. The Investigating Officer also recorded the statement of the witness under Section 164 Cr.P.C.

On the date of occurrence, the accused appeared at the Police Station with a Mechi Dao, which was used by him in committing the crime. The Investigating Officer seized the Mechi Dao vide exhibit-4, and arrested the accused. On the next day, i.e. 11.4.2002, the accused was forwarded to the Court with a prayer for recording his confessional statement under Section 164 of Code of Criminal Procedure, 1973. The then learned Sub-Divisional Judicial Magistrate, Charaideo at Sonari Mr. Mazed Ali, PW-16 recorded the confessional statement of the accused-appellant vide Ext.8.

3. On completion of the investigation, the Investigating Officer, submitted charge sheet against the accused appellant, alleging commission of offence under Section 302/326 IPC. During the trial, the prosecution examined as many as 16 witnesses including the Medical Officer, who had carried out the autopsy on the dead body of the deceased Albina Begum. The prosecution also examined the Medical Officer, who had examined the injured Raju Ali (PW-10). The statement of the Sub-Divisional Magistrate, PW-16 was also recorded to prove the confessional statement made by the accused-appellant.

4. On conclusion of the trial, the learned Sessions Judge recorded the statement of the accused in terms of the provision of Section 313 CrPC. The accused in his defence statement under section 313 Cr.P.C., retracted the confessional statement made by him and categorically stated that when he was going towards the river to take bath, he saw his brother Raju Ali and sister-in-law Albina Begum, who were lying in injured condition. A Mechi Dao was also lying at a distance of about 5 feet. The accused appellant denied to have gone to the Police Station with a Dao in his hand. He stated that he had gone to the Police Station with a Sabol (an instrument for digging earth), a Gamucha (towel). He also denied the seizure of any Dao from him by the Police. The accused in his statement under Section 313 CrPC also stated that he had gone to the Police Station after having seen the dead body of his sister-in-law Albina Begum, in order to inform the Police, where he was detained in the lock up by the police. Further, the accused-appellant also took the stand that he was produced before the Magistrate at abou