The judgment and order under challenge was passed, on 12.01.98, by the learned Sessions Judge, North Lakhimpur, in Sessions Case No. 18 (NL) of 1995, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1,000/- and, in default, to suffer rigorous imprisonment for a further period of one month.

2. In a nut-shell, prosecution's case as unfolded at the trial, runs as follows:-

One Sri Akon Bora of village Rajkhowa gaon lodged a written FIR, on 25.09.94 at 7 AM, at Panigaon police out post, which falls under North Lakhimpur police station, stating to the effect that on the previous day at about 12 O' clock at night, while his elder brother, Nabin Chutia, was keeping watch on 'his 'Muga' plantation at his farm house, he was killed by some miscreants by giving blows with 'dao' and that at the time of occurrence, Nabin Chutia's ploughman too was sleeping in Nabin Chutia's company. Based on this FIR, police registered a case, started investigation and arrested the accused-appellant, namely, Kamal Bora. During his interrogation, the accused allegedly made a statement before the investigating officer