H. Baruah, J.

1. Heard Mr. T.J. Mahanta, learned Counsel appearing on behalf of the Appellant as well as Mr. K.A. Mazumdar, learned Public Prosecutor, Assam for the Respondent.

2. The Appellant was tried under Section 302 IPC for committing murder of one Nabin Bora (deceased) on 14.9.98 at about 10.00 PM at Makrang Habigaon. The learned Sessions Judge, Jorhat after due trial convicted the Appellant under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/-, in default, to undergo further rigorous imprisonment for six months, in Sessions Case No. 100 (J-J)/99 vide judgment and Order dated 19.7.03.

3. The prosecution story as disclosed in the FIR lodged by Pradip Bora (P.W. 1) is that a quarrel ensured in between the Appellant and the deceased on 14.9.98 at about 10.00 PM over some trifling matters in the house of Bhim Kanta Gogoi (P.W. 8) and both went out of the premises of P.W. 8. The Appellant caused grievous injuries to the deceased with the help of a' Khukri'. Nabin Bora (deceased) succumbed to those injuries. When Narayan Gogoi (P.W. 4) appeared at the scene hearing alarm and the quarrel, he was too assaulted by the Appell