JUDGMENT

Suman Shyam, J. - Heard Mr. A. Ahmed, learned Amicus Curiae, appearing for the appellant. We have also heard Mr. M. Phukan, learned APP, Assam, appearing for the State/ respondent No.1. None has appeared for the other respondents.

2. The instant appeal is directed against the judgement and order dated 23/01/2011 passed by the learned Sessions Judge, Tinsukia in connection with Sessions Case No. 33(T)/2008, convicting the sole appellant under Section 302 of the IPC and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs. 3,000/- and in default, to undergo rigorous imprisonment for one month.

3. The prosecution case, in a nutshell, is that on 29/07/2007 at around 9 a.m., the accused had dealt cut blows on the head of Gobinda Kahar, as a result of which, he had sustained grievous injury and had to be shifted to Tinsukia Civil Hospital wherein, he had died.

4. On 29/07/2007, seven persons including PWs. 2, 3, 4, 5, 6 and 8 had lodged an ejahar with the Officer-in-Charge of Panitola Police Out Post coming under the Tinsukia Police Station. Upon receipt of the ejahar, GD entry No. 511 dated 29/07/2007 was made in the Panitola Out Post and the ejahar w