This appeal is directed against the judgment and order, dated 14.12.98, passed by the learned Sessions Judge, Sibsagar, in Sessions Case No. 66(s-s)/96, convicting the accused - appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 6 months.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated thus: On 10.9.93 at about 7.30 PM, the accused appellant, who was a co-labourer and neighbour of deceased Maniram Munda, having found fencing of his house broken, came in front of the house of the deceased and, upon being called by him, the deceased went out of his house to have a look at the place of the broken fencing. The accused, then assaulted the deceased by a dao. On hearing the cries of the deceased saying, “lam being cut”, his wife, Smti Phulmati Murah, came out with a lighted lamp in her hands and saw the accused and the deceased quarrelling and scuffling with each other and when she reached the place of occurrence, she found a dao lying at the place of occurrence. Phaulmoti picked up the dao