1. Heard Mr. P.C. Borpujari, learned Counsel for the Appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam.

2. This appeal is directed against the judgment and order dated 10.9.2002 passed by the learned Sessions Judge at Morigaon in Sessions Case No. 75/2000, whereby the accused Appellant was convicted for offence under Section 302 IPC and was sentenced to rigorous imprisonment for life with a fine of Rs. 1000/-, in default, further R.I. for Anr. two months.

3. The unfortunate incident which led to the death of Rupnath Boro occurred on 10th May, 2000, Rupnath Boro, the deceased, has married young sister of the accused Rajen Boro and he was residing with his in-laws in an adjacent house. On the fateful day, a quarrel took place between the Appellant and the deceased, whereupon the accused is alleged to have stabbed the deceased with a fishing spear called 'Hathkali' or 'Kuchia'. As a result of the above injuries on the chest the deceased Rupnath Boro died at the spot. On FIR being lodged by the brother of the accused, the police registered a case and the accused Appellant himself surrendered before the police and he was sent for recording judicial confession which was