A.C. Upadhyay, J.

1. This appeal is directed against the judgment and order dated 17.09.2003, passed by the learned Additional Sessions Judge, Dharmanagar, North Tripura in S.T. No. 90 (NT/D) of 2002, whereby the accused/Appellant, Shri Matilal Nath @ Matilal Debnath @ Shanta, has been convicted under Section302 read with Section 34 of the Indian Penal Code (for short 'IPC') and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment of two years.

2. The facts, leading to the filing of this appeal, may be narrated, in brief, as follows:

On 10.08.2000 at about 07.30 am at Pekucherra, under Panisagar Police Station, the accused persons, namely, Shanta @ Matilal Nath and Pradip Nath, in furtherance of their common intention assaulted Smti. Smriti Nath (PW 5) with sharp weapon and caused the death of Manti @ Santi Nath, aged about one and half years.

On 10.08.2000 at about 07.00 AM the accused/Appellant Shanta @ Matilal Nath had come to the house of Smti. Sadhana Nath (PW 1) and started altercation with her son Pranab @ Babu. After sometime accused Shanta came out from the house of the informant and but then imme