JUDGMENT :

P.J. Saikia, J.

Heard the learned Amicus Curiae, Mr. B.C. Das appearing for the appellant. Also heard Ms. B. Bhuyan, the learned Additional Public Prosecutor for the State of Assam.

2. This is an appeal under section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 25.09.2017 passed by the learned Sessions Judge at Karimganj in Sessions Case No. 108/2015 convicting the appellant under Section 302 of the Indian Penal Code and was sentenced to imprisonment for life and to pay a fine of Rs. 30,000/-, in default of payment of fine, RI for another six months.

3. On 31.10.2013 the informant Jaharul Islam had lodged an FIR alleging that while his sister Sultana Begum had gone to fetch water from the nearby rivulet, the appellant stabbed her with a knife, for which the woman died. The informant had disclosed in the FIR that the son of the deceased pulled her body out of the water and informed him about the occurrence.

4. On the basis of the said FIR, police registered the Bezaricherra P.S. Case No. 169/2013.The dead body was sent for post mortem examination. The post mortem report goes like this---

“An average built female aged about 30 years, whose