This appeal is directed against the judg­ment and order, dated 18.07.2005, passed by the learned Additional Sessions Judge (Ad-hoc), Lakhimpur, North Lakhimpur in Sessions Case No. 76(NL)/2003.

By the impugned judgment and order, the learned Sessions Judge convicted the appel­lant, namely, Md. Jalilur Rahman @ Sonti Ali for the offence under Section 302 of the Indian Penal Code (for short, 'IPC') and sen­tenced him to suffer rigorous imprisonment for life and pay fine of Rs. 1,000/- (Rupees one thousand), in default, suffer rigorous im­prisonment for another period of 6 (six) months.

Aggrieved by the said conviction and sen­tence, the convicted person, as appellant, has come up with this appeal.

2. We have heard Mrs. Rita Borbora, learned Amicus Curiae, appearing for the appellant and Mr. Z. Kamar, learned Public Prosecutor, appearing for the State respon­dent.

3. The prosecution case, as revealed during the trial, may, in brief, be stated as fol­lows:

On 16.07.2000, at about 5.00 p.m. the informant's father, Shri Kuladhar Bania (here­inafter referred to as "the deceased"), arriv­ing at his paddy field found that, Md. Sonti Ali @ Jalilur Raham (appellant) alongwith Md. D