D. Biswas, J.- On conclusion of trial in Sessions Case No. 25 of 1997, the learned Sessions Judge, Morigaon convicted the appellant-Abdul Kasem under section 302, IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 1,000 in default, to undergo RI for a further period of one month. Being aggrieved thereby, the appellant has preferred this appeal on various grounds mentioned in the memorandum of appeal.

2. Before we deal with the factual aspect of the matter in the light of the submission made by Mr. HRA Choudhury, learned senior counsel for the appellant, we would like to clear the facts which culminated in the conviction of the appellant

3. An FIR was lodged by Md Ismail Hussain on 8.12.94 at 9 PM before the Officer In-charge of Bhuragaon Police Outpost alleging that on the previous night someone hacked Md Sohrab Ali to death with weapons and his body was thrown into the wheat cultivation field of Abdul Bank of Falihamari farm. It is stated in the FIR that the deceased was a distant nephew of the informant.

4. On receipt of the FIR, the Officer In-charge of the Police Out Post forwarded the same to the Lahorighat Police Station for registration of a case and accord

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