This appeal is directed against the judg#31;ment and order, dated, 31.3.2009, passed by the learned Additional Sessions Judge No.2, (FTC), Tinsukia, in Sessions Case No.49 (T) of 2008.

2. By the impugned judgment and order, the learned Sessions Judge held the appellant guilty of the offence under Section 302IPC, and accordingly sentenced him to suffer im#31;prisonment for life and pay fine of Rs. 1000/-in default, undergo simple imprisonment for another period of three months, for his con#31;viction under Section 302. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

3. We have heard Mr R.K. Adhikary, learned Legal Aid Counsel, appearing for the appellant and Mr K. A. Mazumdar, learned Addl. Public Prosecutor, appearing for the State respondent.

4. The prosecution case, in brief, as re#31;vealed at the trial, is that, on 12.1.2008 at about 2 p.m., the appellant, being armed with a dao, inflicted several blows on Honu Jalen (hereinafter called as 'the deceased’), as a result of which, the deceased succumbed to his injuries.

5. The occurrence took place in presence of Sri Busur Chick (P W 2) and Shri Arun Gori