C.R. Sarma, J.

Heard Mr. T.H. Hazarika, Learned Amicus Curiae for the appellant. Also heard Ms. S. Jahan. Learned Addl Public Prosecutor.

2. This appeal is directed against the judgment and order dated 28.6.2012 passed by the learned Addl. Sessions Judge, (FTC), Tezpur, Sonitpur in Sessions Case No. 186/08, whereby and where under the learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and pay fine of Rs.3000/- in default suffer another period of 6 months.

3. Aggrieved by the said conviction and sentence the appellant from jail has come up with this appeal. There being none to represent the appellant, Mr. T.H. Hazarika has been engaged to represent the appellant as Amicus Curiae.

4. The prosecution case, in brief, is that, on the night of 16.5.2008, the appellant had caused the death of his brother Sri Bijoy Das (hereinafter called the deceased) after assaulting him in their courtyard. The wife of the deceased came to know about the incident on the next morning and she lodged an FIR with the police.

On receipt of the FIR police registered a case under Section 302 IPC, launched investigation in this matter. Duri