Mir Alfaz Ali, J.

This jail appeal is directed against the judgment and order dated 19.11.2016, passed by the learned Sessions Judge, Bongaigaon, in Sessions Case No.107(BGN)/2014. By the said judgment, the appellant was convicted under Section 302 IPC and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

2. We have heard Ms. B Sarma, learned Amicus Curiae and Ms. S Jahan, learned Addl. Public Prosecutor, Assam for the State respondent, who have also taken us through the evidence and materials available on record.

3. The deceased in the present case was the brother of the appellant.

4. As per the prosecution case, on 02.07.2014 at about 5’ o clock, in the morning, the appellant Purna Ch. Sarania inflicted injuries on his elder brother (victim) with an axe. Immediately he was taken to Lower Assam Hospital for treatment, and then shifted to GNRC, Hospital, Guwahati, where he succumbed to the injuries at about 6 pm, on the same day. Dhaneswar Sarania, (PW-1), lodged the FIR, (Exhibit-1), on the basis of which, Bongaigaon PS Case No.391/2014 under Section 302 IPC was registered and investigation commenced. During investigation, inquest report was prepared by the Investigating Officer and post-mortem examination was conducted by (PW-9) Dr. Arpan Mazumdar.

5. Dr. Arpan Mazumdar, who conducted the post-mortem examination found the following injuries on the body of the victim:

(1) Stitched wound of length 7 cm present over right parietal area, 8 cm away from midline and 10 cm above the mastoid repaired with 6 stitches. On removal of the stitches, a laceration of size 7 cm × 5 cm × scalp deep is found.

(2) Stitched wound of length 5 cm present over right occipital area, 9 cm away from midline and 10 cm above the mastoid repaired with 5 stitches. On removal of the stitches a laceration of size 6 cm × 5 cm × scalp deep is found.

(3) Stitched wound of length 4 cm present over occipital area, 5 cm away from midline and 4 cm below the injury number (2). On removal of the stitches a laceration of size 4 cm × 5 cm × scalp deep is found.

(4) Abrasion of size 2 cm × 2 cm is present over left maxillary area.

Scalp : contusion present over the right fronto, parieto, occipital areas.

Skull : Fissured fracture of length 7 cm is present over right parietal area, running horizontally, 10 cm above the mastoid.

Membrane : Subdural haemorrhage present over both cerebral hemisphere.

In the opinion of the doctor, death was due to coma as a result of injury sustained over the head and all the injuries were ante-mortem and caused by blunt force impact. Approximate time of death is 12-22 hours before the post-mortem examination.

6. On conclusion of investigation, charge-sheet was laid against the accused/appellant under Section 302 IPC and eventually he stood trial for the offence of murder.

7. In Course of trial, prosecution examined 9 (nine) witnesses to establish the charge. The defence did not adduce any evidence. On appreciation of evidence, learned trial Court convicted the accused/appellant under Section 302 IPC and awarded sentence as indicated above.

8. The factum of homicidal death of the victim has not been disputed. Evidently, there was no direct evidence or eye witness, having seen the accused inflicting injuries. However, learned trial Court essentially relying on certain circumstances and the extra judicial confession made by the accused as well as the confession made during the examination under Section 313 Cr.P.C., recorded conviction and imposed sentence.

9. PW-4 Kanan Sarania, wife of the victim deposed, that while she woke up in the morning, she found her husband sitting in the verandah, the accused was also present there. She went to have bath. While coming out from the bathroom, she found her husband (victim) lying on the verandah with injuries. She also noticed the accused standing there, with an axe in his hand and having seen her (PW-4), the accused left the place. She raised alarm and the other members of