By the judgment and order, dated 26.07.2005, passed in Sessions Case No. 90 of 2004, learned Addl. Sessions Judge (Ad-hoc), Borpeta, has convicted the accused Shri Babul Boro alias Babulal Boro, under Section 302 of the Indian Penal Code (hereinafter called the 'IPC') and sentenced him, for his conviction, under Section 302 IPC to undergo rigorous imprisonment for life and pay fine of Rs. 5000/-, in default suffer rigorous imprisonment for another period of six months. The prosecution case, as unfolded during the trial, in brief, may be stated as follows:--

2. On 31.03.2004, at about 8.30 a.m., when the informant's father Ramani Mohan Das (hereinafter called the 'deceased') was proceeding to his daughter's house, at Gati village, by riding a bicycle, the appellant, who was armed with a dao, finding him on the road, assaulted the deceased causing injuries on his neck, face and head. Though the deceased was shifted to hospital he succumbed to the said injuries. The informant, who is the son of the deceased, was in the market, at the relevant point of time, and on being informed about the incident, he rushed to the place of occurrence and found the deceased, being carried