H. Baruah, J.

1. Appellant was an accused before the Ad hoc Additional Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 145 (DMFT)/2001. He was charged for an offence punishable under Section 302, IPC by the Ad hoc Additional Sessions Judge, Darrang, who found him guilty and convicted for the offence under Section 302, IPC to undergo life imprisonment and to pay a fine of Rs. 2,000/- in default R.I. for three months.

2. Feeling aggrieved by the judgment and order of conviction, so rendered by the learned Ad hoc Additional Sessions Judge dated 7.3.2002, appellant filed this instant appeal challenging its legality and correctness from Jail.

3. Briefly stated, the prosecution case runs as follows :

Deceased Maniram Deka was the uncle of the appellant. Both the appellant and the deceased were in their paddy field and both came together home. While the deceased was busy in washing his hands and feet at the tube well, appellant suddenly came with an axe and dealt axe blows on the neck of the deceased causing deceased's instantaneous death near the tube well. It is to be noted that occurrence took place on 7.2.2001 at about 12 noon. The First Information Report, having been lod