JUDGMENT :

MIR ALFAZ ALI, J.

1. Heard Mr. I.A. Hazarika, learned Amicus Curiae appearing for the appellant. Also heard Mr. H.K. Sarma, learned Additional Public Prosecutor, Assam.

2. This jail appeal is directed against the judgment and order dated 13.07.2015 passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No. 28 of 2014. By the said judgment, learned Sessions Judge convicted the appellant under Section 302 and sentence him imprisonment for life and a fine of Rs. 5,000/- with default stipulation. Learned Sessions Judge also directed for payment of compensation of Rs. 2 Lakh to the legal representative of the victim.

3. As per prosecution case, on 12.10.2013 at about 6.30 p.m., the appellant inflicted injuries to the victim Anil Mandal by 'dao' near the wooden bridge, while he was going to attend his duty in the water supply project and the victim succumbed to the injuries.

4. P.W.-2 lodged the FIR Exhibit-1, on the basis of which police registered Jamuguri P.S. Case No. 123/2013 under Section 302 IPC and on completion of investigation, submitted the charge-sheet against the appellant.

5. 9 (nine) witnesses were examined by the prosecution including the autopsy doctor and the investigating officer to establish the charge. On appreciation of evidence brought on record, learned trial Court convicted the appellant under Section 302 IPC and awarded sentence as indicated above.

6. We have traversed the evidence on record and considered the submissions made by the learned counsels. On our assessment of the evidence and materials on record and perusal of the impugned judgment, we find that the learned trial Court basically relying on the oral testimony of the lone eye witness and the medical evidence recorded the conviction of the appellant.

7. Post-mortem of the victim was conducted by P.W.-8 Dr. Bijay Paul Das, who found the following injuries:-

"EXTERNAL APPEARANCE

A male body lying in supine position with 'rigor mortis' present.

After removal of all clothes of the body a sharp cut injury seen right side of the face, which extend from right lower eye lid to the tip of the right mastoid. Also pinna is also cut. Size is about 12 cm x 3 cm x 4 cm.

Maxila bone is also excised. Another cut injury in right forehead, size is about 6 cm x 2 cm x 2 cm.

Another cut injury left side of the face which extend from left side of the face to the left ear lobe with fracture mandible left side.

Another cut injury seen in the right hand, size about 3 cm x 2 cm x 1 cm. There is no ligature mark noted around the neck.

On examination there is a fracture in right frontal bone. Haemorrhage seen in the brain matter. Genital organs are intact. There is a fracture on right maxi la, left mandible and right frontal bone.

Other organs are healthy."

8. The P.W.-1 Champa Mandal, wife of the victim deposed, that on the day of occurrence at about 6.30 p.m., there was a quarrel in the shop of her daughter Niva (P.W.-3) on the matter of some payment, which the appellant owe to Niva. Hearing commotion in the shop, P.W.-1 Champa Mandal, Bharat Mandal (P.W.-2) and Anil Mandal (victim) came to the shop of Niva and tried to pacify the appellant. She also stated that after the said quarrel in the shop of Niva, the appellant threatened to kill the family member of the victim. She further stated that the victim was working as a chowkidar in the water supply project. After about 10 minutes of the aforesaid incident, the appellant was proceeding to his duty. Apprehending danger to the life of the appellant in view of the earlier incident, she was also following her husband to the working place. When the victim reached the wooden bridge of the village, the appellant suddenly appeared there and dealt multiple 'dao' blows to the victim. Witnessing the occurrence she rushed to her husband, embraced him and fell unconscious. It was elicited during cross-examination, that at the time of occurrence, there was no other person at the place of occurrence. It was further elicite