Ajit Singh, J.

The sole appellant Kripal Borah has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

2. The victim of the incident was Majujan Ali, aged about 35 years. He used to run a bicycle repairing shop on the bank of Jamuna Canal near Circuit House at Sivsagar Town.

3. According to the prosecution case, the appellant was a Police Constable. He was assigned Guard duty in the Circuit House, Sivasagar. On 13.3.2006, he picked up one fish from the rickshaw of rickshaw puller Padum Pradhan (PW-14). When Padum Pradhan protested, the appellant quarreled with him, but returned the fish. Padum Pradhan then also complained about the conduct of appellant to Majujan Ali. Since the appellant was a frequent visitor to the shop of Majujan Ali, he advised the appellant not to trouble people. This infuriated the appellant. He not only pushed Majujan Ali on the road, but also warned that he would take revenge. And, on the same night, the appellant, after getting drunk, forcibly entered inside the house of Majujan Ali and shot him dead with .303 rifle, which was allotted to him. This he