JUDGMENT

H.K. Sarma, J. - This appeal is directed against the judgment and order, dated 16.08.2018, passed by the learned Sessions Judge, Kamrup, Amingaon, in Sessions Case No. 12/2014 (old No. 190/2010), convicting the accused-appellant and sentencing him to imprisonment for life and to pay a fine of Rs. 2,000/- and in default of payment of fine, further rigorous imprisonment for 1 (one) month for the offence punishable under Section 302 IPC

2. The prosecution case, as unfolded during the trial, is that on 06.09.2009 (Sunday), the deceased Fazlul Haque, elder brother of the informant (PW1) had his dinner in the house of PW1. In the next morning, the informant/PW1 came to know from Basiran Nessa (PW10) that her husband/deceased did not return home the previous night. While they were searching for deceased Fazlul Haque, one Jaynal Uddin informed the PW1, on 10.09.2009 (Thursday), that he had seen a dead body in a ditch under the jute stacks which was kept soaked for the purpose of retting. Then, accompanied by his brothers and other villagers he went to the place and identified the dead body to be that of his elder brother Fazlul Haque. The deceased was called out from his house at a