V. Dutta Gyani, C.J. (Acting)—

This appeal arises out of the judgment dated 9.3.92 passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No.3 (NLX91 thereby holding the appellant guilty of offence punishable under section 302 read with section 201, IPC and sentencing him to undergo imprisonment for life and also to pay a fine of Rs. 1,000/- for offence punishable under section 302, IPC and in default of payment of fine, to suffer further RI for six months. As for Offence under section 201, IPC, the appellant has been sentenced to undergo three months RI with a fine of Rs.200/- or in default of payment of fine to suffer RI for one month. The appellant was charged and tried for the same offence alongwith the accused Johan Kashyap who has since been acquitted by the trial Court and there is no appeal preferred by the State against his acquittal.

2. Stated in brief the prosecution case was that on 2.3.89 in the night the accused appellant caused the death of Nikaden Kashyap and buried his dead body in his. own compound. The deceased was the nephew of the accused. A quarrel took place between the two. It is alleged that the accused dealt several dao blows on th

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