A.B. Pal, J.

1. The judgment dated 7.11.02 passed by the learned Addl. Sessions Judge, West Tripura, Khowai in S.T. No. 9 (WT/K)/2002 convicting Sri Priyalal Sarkar, the Appellant herein, under Section 302 of Indian Penal Code (IPC) and sentencing him to suffer RI for life stands impugned in the present appeal.

2. The prosecution version is that on 26.10.95, the deceased Jagadish Sarkar was returning home from Khasia Mangal. On the way, the Appellant herein, attacked him and assaulted him mercilessly with lathi (wooden stick) causing grievous injuries. One Smt. Shantabala Sarkar (PW 2) informed Sri Bishnupada Sarkar (PW5), the father of the deceased, who at once came to his son's rescue. Smt. Jyotsna Bala Sarkar (PW 6), the mother of the deceased also reached the scene. The deceased who was lying by road side with bleeding injuries disclosed to his parents that Priyalal Sarkar and Suprasanna Sarkar had attacked and assaulted him. Other villagers also reached there and the deceased was shifted to the hospital. But he succumbed to the injuries soon after he was brought to the hospital. On the same day, after the death of his son, the unfortunate bereaved father lodged the First