Hitesh Kumar Sarma, J.

1. This Criminal Appeal (J) 134/2014 has been preferred by appellant Sri Sankar Patra against the judgment, dated 12.08.2014, passed by learned Additional Sessions Judge, (FTC), Cachar, Silchar, in Sessions Case No. 226/2010 convicting the appellant for the offences under Section 302 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and a fine of Rs. 5,000/-, and in default, to suffer further simple imprisonment for three months and further convicting the appellant for the offence under Section 201 IPC and sentencing him to undergo rigorous imprisonment for 1 year and a fine of Rs. 1,000/-, in default, to suffer rigorous imprisonment for 1 month. Heard Mr. B Baruah, learned Amicus Curiae, for the appellant and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent.

2. The facts preceding the appeal are as follows:

3. On 05.08.2006, one Sri Ganesh Patra, lodged a written FIR with the In-charge, Ghungoor Police Chit Post alleging that on 28.06.2006, the appellant had called his brother, Babul Patra, for cutting bamboos. Accordingly, Babul Patra, the deceased, accompanied the appellant but thereafter