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 by Shri Gapen Boro and another boy in a handcart. According to the informant, he was informed by the said two persons that the appellant had killed his father. On being so informed, the informant i.e. the PW-2 lodged an FIR (Exbt. 2), with the Officer-in-Charge, Patacharkuchi Police Station and accordingly police, after registering a case as Patacharkuchi PS Case No. 63/04, under Section 302 IPC, launched investigation into the matter. During the course of investigation, police arrested the accused person, who was handed over by the villagers, seized a khamti dao produced by Shri Jatin Boro (PW-3), who is the brother of the accused and a bicycle, belonging to the deceased, prepared the inquest report, got the autopsy of the dead body of the deceased done and examined the witnesses.

3. At the close of the investigation, police laid charge sheet under Section 302 IPC against the accused. The offence, being exclusively triable by the Court of Sessions, the learned Sub-Divisional Judicial Magistrate, Bajali, Pathsala committed the case to the Court of Sessions and the learned Sessions Judge framed the charge under Section 302 IPC. The charge being read over and explained to the accused, he pleaded not guilty and claimed to be tried.

4. In support of their case, the prosecution examined as many as 9 witnesses including the investigating officer and the medical officer. After examination of the prosecution witnesses, the learned Sessions Judge examined the accused, under Section 313 Cr.P.C. and in his examination aforesaid, the accused admitted that he had killed the deceased, because the deceased used to disturb him in his works. The following evidence, given by PW-8, was also put to the accused:--

PW-8 has stated, in his evidence that coming out to the road he saw you loitering on the road, taking a dao in hand; that on seeing him you charged at him; that he ran away; that in the market he heard that you had cut a man and that coming from the market he took the injured man to Jalah medical. What do you say?" In reply to the said question, the accused answered "I would cut him too".

5. The learned counsel, appearing for the accused, before trial court, submitted that, at the time of occurrence, the accused was of unsound mind and therefore, he was entitled to the benefit, extended by Section 84 IPC. The learned trial Judge, refused to accept the said contention on the ground that no evidence was adduced by the defence to show that at the time of occurrence or prior to the occurrence, the accused was suffering from insanity. The learned Sessions Judge convicted the accused on the basis of circumstantial evidence that the deceased died at the time of occurrence, sustaining cut injury on the left side of his neck, caused by means of a sharp cutting weapon and t