A.C. Upadhyay, J.

1. This appeal is directed against the judgment and order passed by the learned ad hoc Additional Sessions Judge, Hojai, Nagaon, in Sessions Case No. 61(N)/03, whereby the accused, Sikandar Ali, was convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000, in default, to suffer rigorous imprisonment for another three months.

2. We have heard Mr. H.R.A. Choudhury, learned senior Counsel assisted by Mrs. A. Begum, learned Counsel for the appellant as well as Mr. Z. Kamar, learned Public Prosecutor, State of Assam.

3. Facts in brief, leading to the filing of this appeal, may be narrated in brief, as follows:

Md. Abdul Kadir (PW1), a resident of village No. 5 Udali under Lanka Police Station, lodged an Ejahar on 10.5.2000 in Lanka PS stating that on 9.5.2000 at about 10 a.m. in the morning his brother Md. Shahab Uddin left his residence for Garampani to work. After he had gone/passed about 500 meters from his residence, the accused persons, namely, Md. Sikandar Ali, Md. Joynal Uddin, Mr. Jalal Uddin, Md. Dilwar Hussain and Md. Zakir Hussain, armed with deadly weapons, way laid and assaulted him and, th