1. In challenge is the judgment and Order of conviction and sentence dated 17.07.2004 passed by the Sessions Judge, Karimganj in Sessions Case No. 86 of 2003 whereby and where under the Appellant herein namely Milon Baidya is convicted under Section 302 IPC and sentenced to suffer life imprisonment with fine of Rs.500/- in default R.I. for 2 (two) months.

2. Being convicted as indicated above, the Appellant has preferred this instant appeal from jail challenging legality and correctness of the impugned judgment and Order of conviction and sentence.

The brief facts are as follows:

Informant Smt. Champa Rani Baidya (PW6) is the sister of the Appellant, Shri Milon Baidya while deceased Bithi Rani Baidya was their mother. Appellant and the deceased both resided under the same roof. Champa Rani Baidya (PW6) is married to Shri Jitendra Baidya (PW-7). On 15.10.2000 Smt. Champa Rani Baidya (PW-6) lodged an FIR (Exhibit-2) with the station house officer of Patharkandi Police Station alleging interalia that on that day at about 2 p.m. her elder brother Milon Baidya, the Appellant in association of his wife, Smt. Usha Rani Baidya (PW-2) by entering into the house of her mother, Bithi Ran