JUDGEMENT :

Suman Shyam, J

1. Heard Mr. N. Mahajan, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent no.2.

2. By the judgment and order dated 19/08/2017 passed by the learned Sessions Judge, Nagaon in Sessions (T-1) Case No. 296(N)/2013, the sole appellant in this case was convicted under section 302 of the IPC for committing the murder of deceased Mousum Phukan and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/-with default stipulation.

3. The prosecution case, in a nutshell, is that on 31/12/2012, at around 10-30 p.m. while the deceased Mousum Phukan, along with his two associates, viz. Pran Pratim Bhairagi and Jayanta Bora, were going to Nalbora village in a motor bike, accused Nabajyoti Rangdai @ Guddu had inflicted stab injury on Mousum Phukan with a sharp weapon, on his left arm, resulting into profuse bleeding. The injured victim was admitted at the Nagaon B.P. Civil Hospital but later on, he had succumbed to his injuries.

4. On 01/01/2013, Sri Diganta Phukan i.e. the Uncle of the deceased, had lodged an