This is an appeal lifer by Mahiram Bora against the conviction made by the Sessions Judge at Lakhimpur on 12.3.92 in Sessions Case No. 76 (NL) of 1989. The case of the prosecution, in brief, is thus. On 24.12.87, at about 7 PM while Paduram Bora (since dead) was returning home from Simulguri accused Mahiram Bora struck him on his head with a mit dao causing service injuries. The injured Paduram was taken to Dhalpur Dispensary in a vehicle. He was again taken to Dibrugarh Medical Hospital at the advise of the Doctor, but he died there on 4.1.88. On trial, the Sessions Judge convicted the accused under section 302, IPC, and sentenced him to rigorous imprisonment for life and a fine of Rs. 500/-. Hence this appeal.

2. There is no direct evidence. Prosecution relies on confession recorded under section 164, Cr.P.C., extra-judicial confession and other circumstances. The defence of the accused was that Paduram was injured in self-defence.

3. PW 1 Joy Ram Bora is brother of the deceased Paduram and was the informant. He did not see the occurrence. His evidence is that injured Paduram was taken to Dhalpur Dispensary in a vehicle from the place where he was lying injured. He