Aftab H. Saikia, J.

1. Heard Mr. D. Das learned Counsel assisted by Mr. A.K. Bhuyan and Mr. K. Das, learned Counsel appearing for the Appellant and Mr. Z. Kamar, learned P.P. Assam.

2. The conviction of the Appellant under Section 302, IPC and sentence to undergo rigorous imprisonment for life with a fine of Rs. 1000/- in default of which to undergo further rigorous imprisonment for 2(two) months so handed down by the learned Sessions Judge, Barpeta, in Sessions Case No. 37/04 by his judgment and order dated 7.4.2006 have been questioned in this appeal.

3. The prosecution case in brief is that one Abdul Mazidof Nangalkur (PW 5) under Barpeta Police Station lodged an ejahar with the Officer-in-Charge Barpeta Police Station on 23.3.1999 stating the fact that his daughter Musstt Majiran Nessa (herein after referred to as 'the deceased') got married with accused Jiarat Khan about one year ago but due to the atrocities on the daughter she came to her parents house after about 2 months of her marriage and took shelter at his house. On the previous day i.e. on 22.3.1999 at about 8 a.m. his daughter went to Uttar Barpeta by rickshaw to visit the near relatives. On the way the accused