JUDGMENT :

Suman Shyam, J

1. Heard Ms. Bijita Sarma, learned Amicus Curiae, 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. The instant appeal from jail is directed against the judgment dated 15/05/2018 passed by the Court of learned Additional District and Sessions Judge, Hojai in Sessions Case No. 15(N)/2017, convicting the sole appellant U/Ss 341/302 of the IPC and sentencing him to undergo rigorous imprisonment for life for committing the offence under Section 302 of the IPC and to suffer rigorous imprisonment for one month for the offence committed under Section 341 IPC and also to pay fine of Rs. 20,000/-.

3. The prosecution case, in a nutshell, is that on 09/11/2015 at around 3 P.M., Md. Mustafa Ahmed i.e. the deceased was returning home from Doboka after purchasing some goods when he was attacked by the appellant and 4 (four) other companions after intercepting him on the Doboka Pathar Jur Dighal road and killed him by cutting his neck with a sharp weapon. The father of the deceased, viz. Md. Ataur Rahman had lodged an ejahar on 10/11/2015 with th