A.H. Saikia, J.

1. Heard Mr. S. Chakraborty, learned Counsel for the Appellant. Also heard Mr. D. Sarkar, learned P.P. appearing for the State of Tripura.

2. The legality and validity of conviction of the Appellant under Section 302, IPC and resultant sentence to undergo rigorous imprisonment (for short, 'the R.I') for life and a fine of Rs. 100/- in default to undergo another period of R.I. for one month handed down by the learned Sessions Judge, North Tripura Kailashar on 27.6.97 in Sessions Trial No. 3 (NT)/K/97 has been questioned in the instant Criminal Appeal.

3. Necessary facts in short compass may be recapitulated. The P.W.-15, Gopal Sinha, Officer-In-Charge, Fatikroy Police Station at about 5.40 a.m. on 15.9.96 when he went to Kumarghat Hospital on being informed by P.W.-13, Chandra Kumar Roy about the occurrence of the instant incident, recorded the statement, which was treated as an FIR, of P.W.-1, Shri Manik Das. Sri Das, set up by the prosecution as the informant, stated that at about 2/2.30 a.m. in the night of 15.9.96 on hearing an alarm call coming from his own house, he woke up with a view to observe as what the matter was and he along with his wife, P.W.-5, S