Heard Mr. K.K. Gupta, learned Amicus Curiae for the appellant and Mr. Z. Kamar, learned P.P.

2. This appeal is directed against the judgment dated 25.08.98 passed by the Sessions Judge, Dibrugarh, in Sessions Case No. 14of 1998(G.R,CaseNo. 116of 1997) convicting the accused appellant u/s 302, IPC and sentenced him to imprisonment for life and to pay a fine of Rs.500/-.

3. The prosecution case in brief is that on 23.1.97 around 7 PM, the acccused appellant Biren Chawra called his own brother Bijon Chowra to his house and when Bijon Chowra arrived at his place, the accused appellant hacked him with a prunning knife, generally used in the tea garden for running of the tea bushes. The injured was immediately removed to Hospital where he was declared dead PW-5 is Dr. R. Chaliha who held the antopsy over the dead body and found the following injuries:-

"2. Wounds (1) A stitched wound on the

Position and middle of the right leg.

3. Bruise (2) An abrasion in the upper third

Position, size of the left leg.

and nature (3) A stitched wound on the lateral aspect of the left lower

third of the left thigh.

(4) A stitched wound over the anterior aspect of the left axilla

(5) Three stitche