A.C. Upadhyay, J.

1. Present appeal is directed against the judgment and order dated 29.12.2004 rendered by the learned Addl. Sessions Judge (Ad-hoc), Sivsagar, in Sessions Case No. 58(S-C)/2003, whereby the appellant was convicted under Sections 447/302 IPC and sentenced to imprisonment for life and to pay fine of Rs. 5000/-, in default, to undergo rigorous imprisonment for 6 months, for commission of offence under Section 302 IPC, and also to pay fine of Rs. 500/-, for the offence under Section 447 IPC and, in default, to undergo simple imprisonment for 15 days. Facts leading to filing this appeal, by the accused/appellant, may be stated in brief, as follows :

On 2.8.2011, Sri Mukti Nath Phukan, lodged an ejahar at Moranhat Police Station stating that in the morning of 1.8.2011 at about 5.30 AM, while his son Naba Phukan was ploughing over their paddy field, the accused persons namely, 1) Mohendra Phukan, 2) Poresh Phukan and 3) Jintu Phukan, with common intention criminally trespassed into the paddy field of the informant and voluntarily caused grievous hurt to Naba Phukan on his head by means of blunt edge of the spade. The injured Naba Phukan, was immediately rushed to the Aditya Nursing Home, Dibrugarh, for treatment of his injuries.

2. On receipt of the Ejahar, police registered a case under Section 341/325/34 IPC against the accused persons and launched investigation. The injured Naba Phukan, succumbed to his injuries on 5.8.2001 while undergoing treatment of his injury in the hospital. Police sent the dead body, for postmortem examination. After completing the investigation, the Investigating Police Officer police submitted charge-sheet against the accused-appellant under Section 447/302/34 IPC as well as against accused Paresh Phukan.

3. The learned trial Judge, having considered the materials on record and upon hearing the learned counsel for both parties, framed formal charges against the accused/appellant under Section 302/447/34 IPC, together with other accused facing the trial. On reading over and explaining the charges, the accused/appellant pleaded not guilty and claimed to be tried.

4. Prosecution examined as many as 11 witnesses to establish the charges against the accused/appellant. All the witnesses were cross-examined by the defence counsel. On conclusion of the evidence, the learned trial Judge recorded the statement of the accused under Section 313 Cr.P.C.

5. The accused/appellant in his statement under Section 313 Cr.P.C admitted the occurrence and has stated that the injuries on the person of the deceased were caused by him. The accused/appellant further stated that the occurrence took place since Naba (deceased) had damagged and spoiled the paddy plantation by raising Ali (boundary) in the paddy field. According to the accused/appellant the deceased came by taking a spade in his hand, while he was repairing the Ali by hand. When the accused/appellant asked Naba, as to why he was destroying the plantation, at that moment, Naba raised the spade aiming towards the accused/appellant and knocked on the tooth of the accused/appellant. As a result of the assault, one of tooth of the accused was allegedly broken. The accused/appellant stated to have held the spade by one hand and assaulted the deceased by the other hand. The accused/appellant also admitted that his first stroke fell on the head of the deceased, while the second one hit his chest and eyes. After the incident the accused/appellant admitted to have left the place of occurrence. The accused did not come forward to adduce evidence in defence.

6. On conclusion of the hearing, learned Sessions Judge, convicted the accused/appellant under Section 447/302 IPC and sentenced him as aforesaid, which gave rise to this appeal. However, co-accused Sri Paresh Phukan @ Kon, facing the trial was acquitted of the charges and set at liberty by the learned trial Judge.

7. Mr. K.P. Sharma, learned senior counsel for the appellant submits that the death of the dec